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Israel has been an LGBTQ haven in the Middle East. Its new government could change that.
(JTA) — The minister holding the country’s purse strings calls himself a “proud homophobe.” Another minister says Pride parades are “vulgar,” while a deputy minister who wants to cancel them was just given power over some aspects of what schoolchildren are taught. And then there are the lawmakers who want doctors to be able to decline medical care to LGBTQ people.
These are all members of the new Israeli government helmed by Prime Minister Benjamin Netanyahu, and their extreme anti-LGBTQ sentiment has unnerved LGBTQ Israelis and their allies at home and overseas.
The politicians’ positions are not new, but their positions of power and leverage within the government are. Plus, the new government’s push toward a judicial overhaul that would give lawmakers the right to overrule the Supreme Court adds vulnerability to legal precedents that have protected LGBTQ Israelis.
“The majority of the gay community in Israel is feeling very unsafe,” said Hila Peer, the chairwoman of Aguda-The Association for LGBTQ Equality in Israel. “You have at least an intention to legislate laws that are dire for the gay community.”
Could Israel cease to be a haven for LGBTQ people in a hostile region? Netanyahu and others in his coalition say they are committed to protecting gay rights, but the volatile political situation means the future is hard to predict. Here’s what you need to know.
Where did LGBTQ Israelis stand before this government?
Israel is known as a gay haven in the Middle East, and Tel Aviv is frequently cited as one of the most gay-friendly cities in the world, with a Pride parade that draws hundreds of thousands of revelers from Israel and abroad. But the full picture is more complicated.
Same-sex marriage is not legal in Israel. Still, like other couples not recognized by the country’s religious establishment, LGBTQ couples can access the legal benefits of marriage.
Israel’s religious institutions control marriage for each of its constituent faiths, and the Jewish rabbinate hews to Orthodoxy. That means a slew of couples cannot marry in the country: interfaith couples; marriages between Jews in which one of the couple is not recognized as Jewish under Orthodox precepts; marriages between a man and a woman who was not divorced under religious law; marriages between a “Cohen,” or descendant of a Jewish high priest, and a divorced woman; and LGBTQ couples.
Under Israeli law, those relationships are nonetheless recognized as legal for the purposes of benefits, inheritance, parenting, adoption and other rights, if the couple is wed abroad, or in certain cases if the couple can simply prove a longstanding common-law relationship.
Israel’s Supreme Court has been essential to extending marriage rights to LGBTQ couples. In 2006, the court ruled that the country must recognize same-sex marriages performed abroad. In 2021, the court extended the right to same-sex couples to have children via surrogates, and last year, a lower court recognized marriages carried out remotely, which effectively allows same-sex marriages in which the couple, if not the officiant, is in Israel.
Other protections have come through the Knesset, Israel’s parliament, though less so in recent years. A rarely enforced ban on homosexual relations was taken off the books in 1988, and the army began allowing openly gay service members in 1993 — the same year the U.S. armed forces adopted a policy permitting gay service members only if they remained closeted.
In 1992, the Knesset passed a law banning employment discrimination based on sexual orientation, with some religious exceptions. In 1997, the Knesset extended to the LGBTQ community protections from defamatory language that are available to other communities. And in 2000, it passed the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law, which forbids the denial of services to any class of people, including based on sexual orientation.
Despite the legal protections, LGBTQ Israelis have long faced opposition from within the haredi Orthodox sector, where rabbis inveigh against homosexuality and politicians have vowed to run the country according to Orthodox interpretations of Jewish law. Jerusalem’s smaller Pride parade has frequently attracted extremist protesters from the sector, some of them violent. One teenage participant was murdered in 2015.
What changes do members of the current government want to make?
Politicians from the religious parties in the new government have floated multiple changes to laws and regulations that would diminish the status of LGBTQ Israelis.
The Religious Zionist Party, one of three in the Religious Zionist Bloc, is led by Bezalel Smotrich, who has called himself a “proud homophobe” and has envisioned Israel as a theocracy. At least two members of the bloc, including Orit Strok, say a proposed law would allow service providers, including physicians, to decline treatment to LGBTQ people.
Another party in the bloc, Noam, is led by Avi Maoz, who wants to cancel Pride parades. He also advocates for conversion therapy, a practice shown to increase the risk of suicide for LGBTQ people who experience it. Maoz, who was given a new role in charge of “Jewish identity,” was confirmed on Sunday to a Ministry of Education position with authority over external programming in schools.
Even the minister responsible for maintaining relations with Diaspora Jews has expressed anti-LGBTQ sentiment. Amichai Chikli favors recognition of same-sex relationships but derides LGBTQ “pride,” says he finds the annual pride parade to be “vulgar” and believes that sexual expression should be “subdued.” He has also said that the LGBTQ rainbow flag is an antisemitic symbol.
For now, these proposals and ideas exist in the realm of rhetoric. But the deal between Netanyahu’s party, Likud, and United Torah Judaism, the haredi Orthodox bloc, spells out that the 2000 prohibition-of-discrimination law will be amended “in a way that will prevent any harm to a private business that withholds services or products based on religious belief, as long as the product or service is not unique and a similar product or service is available nearby geographically and for a similar price.”
Both opponents and defenders of the change say it echoes recent U.S. Supreme Court decisions that have allowed evangelical Christian wedding retailers to decline services to same-sex couples.
That’s a license to discriminate, said Peer. “The Discrimination Act amendment will actually state that any person in Israel can be discriminated against based on ‘belief’ and that is simply a horrible situation for us to be in,” she said.
Is Netanyahu on board with anti-LGBTQ proposals?
Not directly. Netanyahu has never made anti-LGBTQ sentiment core to his governance, and he has been critical of anti-LGBTQ expressions by his coalition partners this month. He called the idea of letting medical providers deny care to LGBTQ patients “unacceptable” and has appointed a close ally who is gay, Amir Ohana, as Knesset speaker. (Some haredi lawmakers refused to look at Ohana, and a leading rabbi affiliated with Shas, one of the coalition partners, said Ohana was infected with a “disease.”) Netanyahu also opposed Maoz’s call to cancel the Jerusalem Pride parade.
Netanyahu has pointed to LGBTQ rights when insisting — as he has done frequently — that he is in control of his government, despite the prominent positions awarded to its extremist members.
“This Israel is not going to be governed by Talmudic law,” he told opinion journalist Bari Weiss. “We’re not going to ban LGBT forums. As you know, my view on that is sharply different, to put it mildly. We’re going to remain a country of laws. I govern through the principles that I believe in.”
But Netanyahu’s concessions to the far-right parties made to smooth his path back into power have his critics concerned that he may not keep his word on LGBTQ rights. The coalition agreement about the discrimination law, while not binding, indicates that he is willing to compromise.
Peer said Netanyahu’s signed pledge to the Religious Zionist bloc held more water with her than his protestations afterward.
“Why give the man the keys if you’re not going to let him drive the car?” she said.
Furthermore, even if Netanyahu prevents anti-LGBTQ laws from reaching the books, he backs proposed changes to the judiciary that would make vulnerable protections obtained through the courts.
How does the controversial judiciary overhaul proposal factor in?
The main action taken so far by Netanyahu’s new government relates to the country’s judiciary. His new justice minister, Yariv Levin, has proposed letting a Knesset majority of 61 members to override the Supreme Court if the Court strikes down a law. Levin has also proposed letting the Knesset majority appoint the majority on the panel responsible for appointing judges.
Those proposals, which are moving through the legislative process with Netanyahu’s support, would “in the long run totally and almost surely infringe on the rights” of LGBTQ Israelis, according to Amir Fuchs, a senior researcher at the nonpartisan Israel Democracy Institute’s Center for Democratic Values and Institutions.
“The coalition will have total power to appoint the judges which means they will be a lot more conservative, more religious,” Fuchs said. “If the Supreme Court will have been captured by a coalition which is very religious, very nationalist, very conservative, then we cannot rely anymore on the Supreme Court to further progress the rights” for LGBTQ people, or for others at risk of marginalization. He said the changes would likely result in a majority of right-wing judges within four to six years.
The proposals have drawn criticism from nonpartisan watchdogs, international legal experts and Israel’s left, which views the judiciary as an essential bulwark against theocratic governance. An estimated 100,000 people protested against the proposals in Tel Aviv on Saturday night, and more protests are planned.
But a majority of Israelis appear to support allowing the Knesset to override Supreme Court rulings, according to a poll released Monday by the Israel Democracy Institute.
Do anti-LGBTQ measures have public support in Israel?
No. Polls show the majority of Israelis back equal treatment for the LGBTQ community.
“We have an extreme right-wing group that is threatening to make changes that the vast majority of the public does not stand behind,” Peer said.
Fuchs said a backlash would likely inhibit, at least in the short term, the passage of any proposed laws targeting the LGBTQ community.
“There is a strong support of LGBTQ rights, so it won’t be easy to pass laws that bluntly and openly infringe upon LGBTQ rights,” he said.
Some backlash has already occurred. Strok’s speculation that doctors could deny service to LGBTQ people immediately spurred a social media video montage of staff for 10 medical service providers in Israel in which they repeated, “We treat everyone!” One of the speakers was a Hasidic male urgent care nurse, in a sign that even Orthodox sectors might not support extreme actions.
But Smotrich says he believes his party’s supporters are not bothered by anti-LGBTQ efforts.
“A Sephardi or a traditional Jew, do you think he cares about gays? He couldn’t care less. He says, ‘Do you think I care that you [Smotrich] are against them?’” Smotrich said in a private conversation with a businessman that the public broadcaster Kan published on Monday. (The coalition is also threatening to defund Kan.) In the comments, Smotrich outlined some limits on his activism. “I’m a fascist homophobe, but I’m a man of my word,” he said. “I won’t stone gays.”
What are LGBTQ activists in Israel and the Diaspora saying and doing?
LGBTQ Israelis are playing a crucial role in the mounting anti-government protests, activating a network that put some 100,000 people in the streets in 2018 after Netanyahu voted against a bill to allow gay couples to use surrogacy.
And even without any concrete changes taking place yet, LGBTQ activists say talk is already creating a hostile environment.
Ethan Felson, the CEO of A Wider Bridge, a U.S. organization that advocates for Israel’s LGBTQ community — and stands up for Israel within the LGBTQ community — likened the language in the coalition agreements to U.S. party platforms, which do not necessarily influence policy but set a tone nonetheless.
“It can foreshadow, or it could be words on a page,” Felson said. “But those words should never be on any page. I heard from the mom of [an Israeli] trans kid this morning just how fearful they are for their families, their security. We know all too well that when people say bad things in one place we can expect other people to act out in hateful ways in another.”
Felson, whose past is in Israel advocacy — for years he directed the Jewish Federation of North America’s Israel Action Network — suggested that the part of his current job advocating for Israel in the U.S. LGBTQ community just got a lot harder.
“I would not like to wake up and find out that Kanye West is in charge of the Civil Rights Department over at Justice,” is how he described the challenge, referring to the rapper and designer who in recent months has come out as an antisemite.
Felson’s group is urging U.S. Jews who meet with politicians from the new government to raise concerns about LGBTQ Israelis. It is also planning to call on pro-Israel funders to fill any budget gap created if the Israeli government slashes funds for LGBTQ services, as Felson expects it to be.
A Wider Bridge is also planning to forego its traditional presence at Tel Aviv Pride to instead join the Jerusalem parade, which takes place in a more fraught atmosphere, according to Felson.
“There’s a time to protest and a time to party,” he said.
Stuart Kurlander, a philanthropist who is prominent in the LGBTQ and the pro-Israel communities, said that he is consulting with LGBTQ activists in Israel, and should things take a turn for the worse, making up for lost government funds could be one avenue for his philanthropy.
“If it develops and there are impacts to the LGBTQ community, then I along with other philanthropists will look to try and fill those gaps,” he said.
Kurlander said in an interview that he takes Netanyahu and Ohana at their word that they will stem an anti-LGBTQ backlash. He said his support for Israel would not be diminished if the changes by the extremists go through, but that other donors might be negatively affected.
“It’s not going to deter me and my support for Israel,” he said. “I suspect it may for some.”
—
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Fire at Mississippi’s largest synagogue under federal investigation after arrest
A suspect is in custody as authorities investigate a weekend fire that damaged Mississippi’s largest synagogue, which has been attacked before.
The fire broke out around 3 a.m. Saturday at Beth Israel Congregation, the only synagogue in Jackson, the state capital. Investigators said the blaze originated in the synagogue’s library, burning it and the offices. Soot and smoke damaged the rest of the building, including the sanctuary.
Two of the synagogue’s Torahs, kept in the library, were burned in the fire; another five in the sanctuary were damaged. An additional Torah, rescued from the Holocaust, was behind a glass case and survived the fire.
“At this time, we do have a person in custody for the fire,” said Division Fire Chief Charles Felton, who is overseeing the investigation. The arrest was made at about 8 p.m. Saturday, he said.
Felton said the FBI is now involved and is expected to pursue federal charges, including determining whether the fire qualifies as a hate crime. Local authorities made the initial arrest before federal investigators stepped in, he said.
A reporter who was inside the building before federal authorities secured the scene described extensive damage. Allen Siegler, a reporter with Mississippi Today, said the interior was “very dark and ashen.”
“It was wet — puddles of ashes,” Siegler told the Forward.

Jackson Mayor John Horhn said the fire was an attack not only on the Jewish community, but on the city itself.
“Acts of antisemitism, racism, and religious hatred are attacks on Jackson as a whole and will be treated as acts of terror against residents’ safety and freedom to worship,” Horhn said in a statement. “Jackson stands with Beth Israel and the Jewish community, and we’ll do everything we can to support them and hold accountable anyone who tries to spread fear and hate here.”
A congregation shaped by fire — and defiance
Beth Israel Congregation, which counts around 150 member families, has anchored Jewish life in Jackson since the Civil War, its history closely tracking both the growth of the city and the persistence of a small but visible Jewish community in Mississippi’s capital.
Founded in the early 1860s, the congregation built Mississippi’s first synagogue — a modest structure on South State Street that doubled as a schoolhouse. It burned in an 1874 fire, a common fate of 19th century wooden buildings, though the cause of the fire is not recorded. The congregation built a new brick structure on the same site, dedicated in 1875.
As Jewish families moved within Jackson, Beth Israel moved with them, relocating first to Woodrow Wilson Avenue and, in the 1960s, to its current home in northeast Jackson.
By the mid-20th century, Beth Israel had become the largest Jewish congregation in the state and a familiar civic presence in a predominantly Christian city — a visibility that brought both belonging and risk.
In September 1967, Ku Klux Klan members bombed the synagogue just weeks after the building was dedicated, damaging the rabbi’s office and library. The home of Rabbi Perry Nussbaum, a vocal supporter of the civil rights movement who had helped the Freedom Riders, was also bombed shortly afterward. No one was injured, and the congregation held High Holiday services in the building that same year.
Rabbi Valerie Cohen, who led Beth Israel from 2003 to 2014 and is now at Temple Emanuel Sinai in Worcester, Massachusetts, said the echoes between past and present were impossible to miss.
“The majority of the damage is in the same place as the bombing,” said Cohen, 54.

The fire felt especially disorienting, she said, because she had been inside the building just days earlier.
“That made this moment sad and surreal and awful,” Cohen said. “I was just there last Shabbat, officiating at a wedding for one of my bar mitzvah students from there that is all grown up now. I participated in the Torah study on Saturday morning in the library, led by their current spiritual leader.”
Cohen described Beth Israel as “very resilient throughout the years” and “very integral” to the Jackson community, noting that many non-Jewish residents know the synagogue through its longtime preschool and annual bazaar.
Despite the damage, congregants say Jewish life in Jackson will continue.
Tamar Sharp, 67, a member of Beth Israel since 2006, is scheduled to celebrate her adult bat mitzvah this coming Shabbat — even if it must be held in a borrowed space with a borrowed Torah.
“Absolutely,” Sharp said. “The show must go on.”
The post Fire at Mississippi’s largest synagogue under federal investigation after arrest appeared first on The Forward.
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An arsonist torched a Mississippi synagogue. It feels hauntingly familiar.
A Mississippi synagogue has just been destroyed by hateful actors – and it is not the first time.
I am talking about what happened Saturday morning. An arsonist set fire to the historic Beth Israel Congregation in Jackson, Mississippi. By the time the flames were extinguished, much of the building was destroyed and rendered unusable.
According to reporting by Mississippi Insider, the fire tore through parts of the building, damaging sacred objects, prayer books, and decades of communal memory. Firefighters were able to prevent a total collapse, but the synagogue — founded in 1860 and one of the oldest Jewish congregations in the state — will not be able to function as a house of worship for the foreseeable future.
I am experiencing historical déjà vu. On September 18, 1967, white supremacists bombed Beth Israel in retaliation for the civil rights activism of its rabbi, Perry Nussbaum. Rabbi Nussbaum was a visible ally of Black leaders in Jackson, including Medgar Evers, and his moral courage made him a target. Shortly thereafter, they bombed Rabbi Nussbaum’s home as well. He survived. The building was rebuilt.
Those attacks followed a grim and unmistakable American tradition. For several years, I served The Temple in Atlanta, and congregants still spoke in hushed tones about where they were on the morning of October 12, 1958, when The Temple was bombed by white supremacists angered by Rabbi Jacob Rothschild’s outspoken support for civil rights. That bombing is often remembered as the most infamous attack on a religious building in American history, but what many forget is that it did not stand alone. In the year leading up to it, synagogues in Miami, Nashville, Birmingham, and Jacksonville were also bombed.
Synagogues have succumbed to flames throughout Jewish history. On Kristallnacht, November 9–10, 1938, the Nazis and their collaborators burned or destroyed more than 1,400 synagogues across Germany and Austria. That night was not a spontaneous riot; it was a dress rehearsal for annihilation. And the line of fire stretches further back still, to the Roman destruction of the Second Temple in 70 CE, and before that to the Babylonian destruction of the First Temple in 586 BCE.
Beth Israel is not just a building. It is a witness. It is a repository of Jewish persistence in a place where Jews have lived as a tiny minority for generations, carving out space for faith, community, and civic engagement in the Deep South. To see it burned is to feel a familiar Jewish nausea, the sickening recognition that this story has been told before — far too many times.
Beth Israel in Jackson burned on Shabbat, coinciding with the Torah portion of Shemot, as we read in the book of Exodus about the burning bush — a bush that burns but is not consumed by flames. Such is Jewish history.
An American tradition?
What disturbs me most is not only the act itself, but its familiarity.
I mentioned my time in Atlanta. I also served as a rabbi in Columbus, Georgia. When I look back on my career, I realize that I have spent no fewer than twenty years serving Jewish communities in the South — and yes, I include South Florida in that number.
During those years, I learned a profound respect for Jews in small Southern communities who tenaciously maintain their synagogues in the face of demographic shrinkage, economic pressure, and cultural isolation. When those synagogues close, as too many do, the community must make sure that there are homes for their Torah scrolls and ritual objects. This is sacred labor, often carried out quietly and without recognition.
Most Americans do not realize that a surprisingly large percentage of Reform synagogues in this country look far more like Beth Israel in Jackson than like the caricature of the large, affluent suburban congregation. The heart of Reform Judaism beats in small, struggling, historic communities. That is why the fire in Jackson sears the Jewish soul. It could be any synagogue. And in my darkest fears, I believe there will be more.
Right about now, some of you are saying, “Well, what did you expect? Look at what has happened in Gaza, and the Palestinians, and Netanyahu…”
If you are saying this, your foolishness betrays you. No one vandalizes Russian Orthodox churches in America because of Vladimir Putin. No one boycotts Chinese restaurants because of China’s persecution of the Uyghurs. And no one should ever suggest that victims of violent bigotry are responsible for the hatred directed at them. We would never say this about any other group. We must not say it about Jews.
The raw truth is what historian Pamela Nadell names so clearly in her indispensable new book, Antisemitism: An American Tradition.
Pamela does not only name and record the incidents of antisemitism that have occurred over the years. She shows that antisemitism is, in fact, an American tradition. It has always been with us, sometimes polite, sometimes lethal, often lying dormant like an autoimmune disease, flaring up when fear, desperation, and social change demand a scapegoat.
An issue for all faiths
Not only because of what has happened, but because of what I fear will follow — not only imitation, but silence. As I write these words, I do not know whether this arson will merit national attention, whether it will appear in The New York Times or vanish into the vast archive of shrugged-off hate. I hope my fears are wrong.
I also wonder who will speak. Will our most trusted chroniclers of American moral life take notice? I admire historian Heather Cox Richardson deeply, and I hope she will address antisemitism with the same moral clarity she brings to other threats to democracy. Because it cannot be that even in the warmest of hearts there is a cold spot for the Jews.
I often think of an artifact I have seen at the United States Holocaust Memorial Museum in Washington, D.C. It is a Torah ark ripped from the wall of a synagogue in Essen, Germany, hurled into the street. Carved into it are the words, “Know before whom you stand.” But those words were deliberately chiseled away by a vandal, as if to declare that there is no one before whom we stand, no God whose presence must be reckoned with — because we are destroying the place where that God so often comes to dwell.
That is why I am turning now to my readers who are not Jewish. I am calling on Christian pastors, Muslim imams, and religious leaders of every tradition to denounce what happened in Jackson this coming weekend. Because just as we rightly said when Black churches were burned, any attack on a house of worship is not only an attack on one community. It is an assault on the very idea that holiness has a place in public life.
And that, ultimately, is an attack on God.
The post An arsonist torched a Mississippi synagogue. It feels hauntingly familiar. appeared first on The Forward.
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Can Breads Bakery workers really demand that the Israeli owners cut ties with Israel? Labor experts weigh in.
(New York Jewish Week) — The news that workers at Breads Bakery, an Israeli chain in New York City, were demanding “an end to this company’s support of the genocide happening in Palestine” as part of a union push has triggered concerns among those worried about surging anti-Israel sentiment in the United States.
“This is going to spread,” Deborah Lipstadt, the former United States special envoy for monitoring and combating antisemitism, wrote on X Thursday. “This is not spontaneous, This is part of an effort to marginalize Jews and Israel.”
But is an Israel boycott as a union demand even possible to achieve? Do workers have rights when it comes to protecting their beliefs about Israel? What role are unions playing in anti-Israel advocacy? And what might happen next at Breads?
To answer these questions, we reached out to two labor scholars — Harry C. Katz, the director of the Scheinman Institute on Conflict Resolution at Cornell University, and Samuel Estreicher, an attorney and scholar on labor and employment law and arbitration law at New York University. We also visited a rally by Breads’ supporters on the Upper West Side on Friday afternoon.
Here’s what we learned.
Is it common for workers to press for political concessions as part of their unionization efforts?
The Breaking Breads workers are doing something unusual, Katz said. He said he was not aware of other examples of employees making demands related to Israel as part of a unionization effort.
“There are unions who have taken out political stances, but the stances are ‘we oppose the Netanyahu government,’ or ‘we oppose the invasion of Gaza,’ ‘we are sympathetic to BDS,’” he said. “They’re allowed to take that stance, but they have not done what you’re asking about.”
Of course, unions can and do use their might to advance political agendas. But that often happens in the advocacy space, with unions reminding decision-makers that they represent a powerful voting bloc, not in bargaining within individual units.
The insertion of Israel demands in a unionization announcement reflects an anti-Israel swing within swaths of organized labor in the United States and beyond.
In December 2023, United Auto Workers, the union that Breaking Breads has filed under, became the largest union to call for a ceasefire in Gaza. It was a sharp departure for the union, which had previously been staunchly supportive of Israel.
In March 2025, UAW came to the defense of two members at Columbia University who had been involved in pro-Palestinian protests there, including Grant Miner, who headed a union chapter representing 3,000 undergraduate and graduate students employed at the school before being expelled.
The “assault on First Amendment rights being jointly committed by the federal government and Columbia University are an attack on all workers who dare to protest, speak out, or exercise their freedom of association under the US Constitution,” UAW said in a statement at the time.
UAW national and the local group representing Breaking Breads, as the union is calling itself, both did not respond to a request for comment.
What are the chances of the Breads workers getting what they want when it comes to Israel?
Slim to none, Katz and Estreicher both said.
For one thing, it’s far from assured that Breaking Breads will even succeed in being recognized as a bargaining union. The employees announced that “over 30%” of Breads’ workers had signed onto the unionized effort, the minimum required under federal labor law — and far less than most unions announce themselves with.
The threshold allows the workers to petition the National Labor Relations Board to hold a union election. In an election, more than half of workers who participate must support the formation of the union for one to be created.
“Thirty percent is an extremely low level of support through the signing of authorization cards,” Katz said. “For them to say, ‘Oh, they have a bit over 30%,’ that suggests they’re going to have an extremely difficult time if this goes to an election.”
Then, even if the union does meet the legal threshold for recognition, Breads is under no legal obligation to engage on issues related to Israel.
“Workers don’t have a right to tell management what management wants to do with its own funds, or personal beliefs and political views regarding Israel,” Katz said. “The law requires bargaining in good faith about wages and other employment conditions. That’s the requirement.”
The workers are alleging a range of unfair employment practices, including low wages, irregular schedules and unsafe working conditions. If their union is recognized, Breads will have to negotiate a contract addressing those issues — and will have to comply or risk a strike.
But on the off chance that questions about Israel somehow make it to the bargaining table, “management can refuse to discuss it,” Katz said.
Breads has indicated that it does not believe political issues are appropriate fodder for negotiation.
“We’ve always been a workplace where people of all backgrounds and viewpoints can come together around a shared purpose, the joy found at a bakery,” it said in a statement responding to the announcement of Breaking Breads. “We find it troubling that divisive political issues are being introduced into our workplace.”
Estreicher put it simply: “They can say whatever they want,” he said about the workers. But Israel-related issues would never be considered a “mandatory subject of bargaining” like wages and working conditions, and workers could be fired if they strike over the issues.
Since there isn’t actually a union yet, can Breads just fire the workers making the anti-Israel demands now?
Some of Breads’ supporters have called for the company to fire the workers who are agitating against its ties to Israel.
“I don’t understand why the owners [don’t] simply fire the so-called unionizing staff. New York is an at-will employer. They’re creating a hostile work environment,” one commenter wrote on an Instagram post by pro-Israel influence Lizzy Savetsky decrying the workers’ demand. “There’s the door, ungrateful employees. Feel free to take a loaf with you on the way out.”
https://www.instagram.com/p/DTRF-49kXBW/?hl=en
But firing workers who joined Breaking Breads would be a problem, Katz said, even though they don’t formally have a union yet.
“Management often gets away, due to the weakness in the enforcement of our labor laws, … with the firing of union sympathizers and activists,” Katz said. “But that is technically illegal. It’s illegal for management to fire people because of their views towards the union or their activism within the union.”
Do workers have a protected right to refuse to work on a specific job that offends their beliefs, including about Israel?
One of Breaking Breads’ objections was to catering events that it said involved groups with ties to Israel or to producing custom loaves decorated with Israeli flags.
The question is not the same as the one that recently occupied the Supreme Court, when it ruled on cases about small-business providers — including a wedding cake maker — who declined to serve same-sex clients, citing religious beliefs.
Those cases were about whether the government could compel a business to create custom content that violates the owner’s beliefs — and the court ruled it could not. But workers do not have the same protections individually, nor do they have the right to impose their beliefs on their employer.
“It’s the employer’s business, not their business. That’s my position. I think that’s the legal position,” Estreicher said. “People have all kinds of views with different things. Anyway, an employer should be able to make clear that he makes the decision on who the customers are, and they can’t interfere with that.”
Workers would likely also have a difficult time seeking redress against their employer for serving specific customers against their beliefs, Katz said.
Contract violation claims go to third parties known as arbitrators, who rule whether management ran afoul of its contract with the union and what penalty, if any, should be applied.
As an example, Katz said, “A Palestinian employee says in this case: ‘I’m baking cookies that get eaten or sold at an event that supports Israel.’ I can’t imagine an arbitrator would say you have a right to refuse that kind of work.”
Estreicher said one Israel-related claim by Breaking Breads could be appropriate grounds for redress, if true. The workers said Breads had told workers they could not speak Arabic on the job — a demand that may run afoul of employment law.
“If they’re in public contact jobs, I think they can [have that rule], but there are legal issues about if they’re not in public contact jobs,” Estreicher said. “If they’re in the kitchen, having a prohibition would be problematic.”
What happens next at Breads?
When it comes to the unionization effort, it could be several weeks before there are clear developments. Employers can choose to recognize unions voluntarily, but if they do not, the National Labor Relations Board typically makes a decision about whether it will support an election within about 45 days. Elections are then held several weeks to months after that.
For now, the popular bakery appears to be reaping positive dividends from its workers’ dissatisfaction. Fans of the bakery and pro-Israel activists have asked the New York City Jewish community to buy their products, and even offered to work for Breads for free.
A few hundred showed up at a Friday gathering to buy a coffee or a snack and hang out at the Upper West Side location, called for by pro-Israel activist Shai Davidai.
“We are dealing with an ideological war, and that ideological war says that if you are a Zionist, if you believe that Israel has a right to exist, if you’re a proud Jew, then you don’t deserve to live here,” Davidai said.
Davidai stressed that the event was all about showing strength in numbers.
“We want to show here a Jewish, Zionist business, that we have their back, and they won’t be cowered by a loud and nasty minority that wants to ruin things for everybody,” Davidai said.
“This isn’t just about buying products,” he added. “So first thing, [almost] everyone who’s buying a product is wearing a sticker that says, ‘Zionist,’ right? So the cashier, the employees, the business owner, and everyone on the street sees that we are coming out as Zionists. We’re not hiding anymore.”
By about 12:10 p.m., the fast-moving line at Breads’ Upper West Side location had begun to wrap around the block. Parents had brought babies, and people of all ages waited in line, as new customers arriving at the scene ended their FaceTime calls — some in Hebrew, some in English — by describing the scene to the person on the other end of the line. Some customers came alone and met new faces while waiting in line; others came with friends.
“Today, they are not just trying to bite the hand that feeds them, they’re trying to gnaw it off,” said Judy, a longtime Upper West Side resident who declined to share her last name, about the workers. “That’s what I was thinking all last night. It’s preposterous. It’s ludicrous. It’s beyond reproach.”
Colleagues Marc Rodriguez and Max Lippman waited in the middle of the line, and, like many, were hoping to land one of Breads’ award-winning babkas.
Rodriguez, who is not Jewish or Israeli but whose wife is both and whose children are Jewish, said he felt obligated to support the store, which he is a fan of and had been to in Israel. He brought a small Israeli flag, and wore one of the “Zionist” stickers that Davidai had handed out.
“I want to support the store, support the owners, and I want to remind the workers over here who is supporting this store, and who is patronizing the store,” Rodriguez said. “I think it’s a nice, respectful way to show support. We’re not shouting, we’re here. We’re all smiling, happy, talking. And also, I’m so excited for carbs.”
Lippman, who is from the Upper West Side, heard about the call to head to Breads on social media.
“In general I’m pro-union,” he said. “But once part of that is saying that they’re anti-Zionist, that seems unnecessary. It’s an Israeli-owned bakery. We’re here to show our support. It seems unnecessary when forming a union to state your beliefs on Israel. It doesn’t matter who the owners are,” Lippman added. “We’re just here to support the bakery and the babka makes that easy.”
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