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LGBTQ Israelis fear setbacks as homophobic parties win a place in Netanyahu’s coalition
TEL AVIV and JERUSALEM (JTA) — It was the day before Israel’s Nov. 1 election. In a classroom in downtown Jerusalem, Avi Rose was teaching about Jewish identity through art to a group of Jewish students from abroad spending a gap year in Israel. Suddenly, movement outside caught his eye.
Rose stopped his lecture and approached the second-story window. He was unprepared for what he saw. Dozens of religious Jewish youth from the homophobic Noam party were marching down Jerusalem’s Jaffa Street, chanting and carrying large anti-LGBTQ signs.
The sight was distressing for Rose, a gay Israeli artist who emigrated from Canada 20 years ago. In 2007, he and his husband, Ben, became the first Israeli citizens to have their same-sex marriage certificate from abroad recognized in Israel.
“I’m teaching this wonderful group of young people that have come from all over the world to have their moment in Israel, to finally be free in their Jewish homeland, to be in this democratic Jewish safe space. And they have to see their own teacher going, ‘Oh my God. There are these people out there who their sole purpose is to hate me.’ And it was a dissonance,” recalled Rose, who lives in Jerusalem with his husband and their 10-year-old twins.
“I mean, what the hell am I doing here if that’s the way we are as a Jewish people?” he continued. “And I was scared. I won’t lie to you. I was scared…. I had flashbacks about what my grandparents went through in Europe. And I had to remind myself we aren’t quite there yet. I’m not at the point [where I am going to] pack my bags and protect my children and get out of here.”
By the end of the next day, 14 members of the union of three far-right parties — Noam, Otzma Yehudit (or Jewish Power) and National Union — became the third-largest slate in the Knesset and the second largest in the governing coalition that Benjamin Netanyahu is now assembling. Netanyahu’s other coalition partners are two haredi Orthodox parties, Shas and United Torah Judaism. It will be the most right-wing conservative, religious government in Israel’s history, and its leaders are already vowing to roll back rights that LGBTQ Israelis have only recently won.
Israel does not permit same-sex marriage. But its Supreme Court has strengthened protections for Israelis who enter same-sex marriages abroad, requiring that the marriages be recognized by the state and ensuring that same-sex couples be permitted to adopt children and pursue surrogacy. Now, a Shas lawmaker could be appointed to head the ministry in charge of granting marriage licenses, and a self-proclaimed “proud homophobe” is poised for a leadership position as well.
“I don’t think they’ll criminalize my marriage or take my children away,” said Rose. “But there is a general sense of fear seizing the LGBTQ community.”
Noam, the smallest of three factions making up the joint Religious Zionism list, has focused on advancing policies that prevent the creation of non-traditional families, such as same-gender parents or children created through surrogacy, which it calls “the destruction of the family.” The party’s election slogan was a call to make Israel “a normal” nation.
A man sits outside Shpagat, a gay bar in Tel Aviv, in November 2022. (Orly Halpern)
In a 2019 tweet, the party outlined its vision for what “normal” means. “A father and a father is not normal,” the list began. It ended by alluding to the party’s opposition to Pride flags: “Asking to remove a flag that represents all this madness — that’s actually quite normal.”
One afternoon last week, two male cooks wearing tight black T-shirts exposing prodigious biceps were preparing for opening hour at Shpagat, Tel Aviv’s first gay bar. “Ohad,” who asked not to use his real name out of fear of being harmed, told JTA that there was great concern among his peers about how the new government would shift budgets, change laws and policies and deny LGBTQ Israelis their rights.
“I’m concerned that we will lose all the rights we gained with the recent government and over the last few years,” said Ohad. The outgoing government, a centrist interlude after more than a decade of right-wing leadership, was the most progressive in Israel’s history in terms of the gay community. “We’re talking about the most basic things, like being allowed to donate blood, being allowed to parent children through surrogacy, cancelling the prohibition of LGBTQ+ ‘conversion therapy.’ It’s both to cancel things and to go backwards.”
Yair Lapid speaks at the Tel Aviv Pride Parade on June 10, 2022, weeks before becoming Israeli prime minister. His government was Israel’s most progressive on LGBTQ issues.(Alexi Rosenfeld/Getty Images)
Indeed, one of the memes that worried Israelis have shared widely since election results came out reads, “Don’t forget that tonight, we are moving the clock back 2,000 years.”
Another issue is the distribution of government funding. Israel’s Ministry for Social Equality, for example, allocated 90 million shekels ($26.7 million) this year to benefit the LGBTQ community, which included funding for LGBTQ centers in some 70 cities. The education ministry and local municipalities also provide budgets to the Israel Gay Youth organization, and for teaching in schools about LGBTQ inclusion. Avi Maoz, the head of the Noam party, said he wants to cancel “progressive study programs” about gender.
A spokesperson for the Noam party was unable to make Maoz available and declined to otherwise offer comment.
Transgender Israelis could face the most stark changes. About 40% of transgender people have attempted suicide at least once in their life, according to the health ministry, and more than half avoid receiving medical care. Last year, the outgoing government’s health minister, Nitzan Horowitz, who is gay, set new policies to make healthcare more accessible to the transgender community.
Now the fear is that these policies will be canceled, as will be subsidies for sex reassignment surgeries and drugs. “For all the boys and girls who are in the process of defining their gender identity physically and emotionally, it will make their treatments very expensive or unaffordable,” said Ohad. “That can jeopardize their lives.”
It’s clear that the right-wing party leaders are not sympathetic to the plight of LGBTQ Israelis. Bezalel Smotrich, the head of the Religious Zionist party, identifies himself as a “proud homophobe.” In August, his party protested the enrollment of a third-grader at a religious boys’ school who had transitioned from his gender assigned at birth.
“There is no place in the national religious school system for such confusion of opinions and views that seriously harm the values, natural health and identity of its students,” Smotrich wrote to the education ministry.
The right-wing parties have trained their sights on Israel’s Supreme Court, which has delivered crucial victories to LGBTQ advocates and other minorities. The parties say the court is out of step with Israeli values.
One of the first legislative measures the next government intends to pass is the High Court Bypass Law, which would allow a simple majority of the Knesset’s 120 lawmakers to override Supreme Court rulings on laws that the court struck down, thereby undermining the court’s ability to protect human and civil rights.
“It will leave us as a defenseless minority,” said Liad Ortar, the head of an environmental, social and corporate governance firm, who spoke to JTA from the Climate Change Conference in Egypt. Ortar and his husband have 8-year-old twins through a surrogate from Thailand.
Liad Ortar, right, is concerned that Israel’s incoming government could enact policies that hurt families like his where both parents are of the same sex. (Courtesy Ortar)
Many LGBTQ Israelis fear that lack of tolerance from government ministers could translate into incitement, harassment and physical attacks in the public sphere, and that the religious right-wing extremists who have directed violence towards Palestinians will now target them as well.
“In recent months there has been a very extreme escalation in what’s happening with the settlers and their violence, including the army, that doesn’t really provide protection,” said Ohad. “Not long ago there was an attack on a left-wing woman activist.… Those people are now going to become the ministers of education and culture. So aside from the Arabs and what the settlers do to them there, the next easy target is the gay community.”
In 2015, a religious Jewish man stabbed and killed Shira Banki, a 16-year-old girl marching with her family in Jerusalem’s gay pride parade — weeks after he completed a 10-year sentence for a similar attack in 2005. Now, members of the Religious Zionism slate have called to abolish gay pride parades.
“It’s not only that we are really afraid and worried about our own future. But it’s also our kids’ future. How will it look? And not just the kids of a gay couple, but gay children,” Ortar said. “We’re going to go back to the time where homosexuality can’t be shown publicly, whether at school or in the public sphere. Where they might beat the hell out of a gay couple because they walked hand in hand. Or cursing children in schools because their parents are gay.”
Not all LGBTQ Israelis are alarmed by the incoming government. Gilad Halahmi, a gay man who lives in Tel Aviv, has been active in promoting the Otzma Yehudit and has developed a personal rapport with its leader, Itamar Ben-Gvir. “The fact that he and Smotrich have an anti-LGBTQ agenda doesn’t mean they hate [us],” he said.
Halahmi said he believes his involvement has mitigated Religious Zionist stances on LGBTQ issues, and he also said Amir Ohana, a Knesset member from Netanyahu’s Likud party who is gay, had helped shift right-wing politicians’ views on those issues. But even without that, he said, the tradeoff to get the policies he wants on other issues is worth it.
“I give up LGBTQ rights, but I get something that is much more important to me in return, which is the economic issue, the security issue, the migration issue, governance,” Halahmi said. “It’s things that are 10 times more important to me than public transportation on Shabbat or whether I’ll get married in Israel or abroad.”
But for those who value religious pluralism and LGBTQ rights — and polls have shown that a majority of Israelis do — the current moment is alarming. On Sunday, Ben-Gvir vowed to revoke government recognition of non-Orthodox conversions to Judaism, in the latest sign that a far-right coalition would seek to create practical changes quickly.
For Rabbi Mikie Goldstein, the new government’s threatened assault on pluralism and LGBTQ rights offers a one-two punch that has him questioning whether he should continue living in Israel. Goldstein, an immigrant from England, was the first out gay pulpit rabbi in Israel when he took the reins of a congregation in Rehovot in 2014. Now, he leads the Conservative movement’s Rabbinical Assembly in Israel, working to support rabbis and their congregations who belong to the movement, known as Masorti in Israel.
“If I can’t do my work properly, if I’m not accepted — how much can you take?” Goldstein said. “I’m not prepared to give up yet [on Israel] but it’s certainly crossed my mind.”
LGBTQ activists say they won’t give up rights without a fight — and that they are prepared to mount one.
“We are very much united,” said Ortar. “We have a very strong civil infrastructure. The LGBTQ community is very well established in social and demographic groups. A lot of us are in the media, industry, high tech. After the statement about abolishing the parade, you could hear the drums beating. There will be demonstrations if that happens.”
In 2018, some 100,000 people demonstrated — outraged after then-prime minister Netanyahu voted against a bill to allow gay couples to use surrogacy.
Members of the LGBTQ community and supporters participate in a demonstration against a Knesset bill amendment denying surrogacy for same-sex couples, in Tel Aviv, July 22, 2018. (Tomer Neuberg/Flash90)
Last week, Netanyahu tried to assuage fears and ordered officials in his close circle to tell the press that his government would not allow any change to the status quo regarding LGBT rights. But he did not come out saying it himself.
“This is the time to be angry, not scared,” said Rose. “We can’t be complacent anymore. The privilege of complacency has come to an end. That has to be the message of this election. You have to fight for what you want.”
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‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal?
Sap Sua, a Vietnamese restaurant in Boulder, Colorado, was one of Emily Lanigan’s favorite restaurants. She even celebrated her 44th birthday there in June. So Lanigan was stunned when the restaurant posted this since-deleted message on Instagram in September: “Jews are welcome, Zionists are not.”
Lanigan, a former synagogue president, identifies as a Zionist, which she defines as the Jewish right of self-determination. Was she really no longer welcome at the place where she had received a complimentary dessert just months before?
She wondered if the restaurant had a different definition of Zionism, she said, and thought maybe reaching out and offering to have an in-person discussion could clear things up.
“Being a Zionist does not mean I do not also believe in the freedom and autonomy of Palestinians,” Lanigan said she commented on Instagram. “You and I are not so far apart.”
But Sap Sua’s owner, Anthony “Ni” Nguyen, doubled down: “As you clearly saw, the full statement was ‘Jews are welcome. Zionists are not.’ Jews are a protected class, and all Jews are welcome,” Nguyen wrote in messages to Lanigan reviewed by the Forward. “Zionism is a political ideology, like Nazism.”
Nguyen’s response to Lanigan implied the law was on his side. He could ban “Zionists,” it seemed, so long as he let in Jews who shared his views about Israel.
Legally speaking, Nguyen was partially correct. Neither federal civil rights law nor Colorado law prohibits businesses from refusing service based on customers’ political beliefs — meaning turning someone away based solely on their political support for Israel could be allowed.
But the line gets murkier when “Zionist” is used as a stand-in for Jewish or Israeli identity, which can violate laws prohibiting discrimination based on religion or national origin.
The distinction matters not only for Sap Sua, as spaces from coffee shops to book festivals to concert venues make disavowing Israel a condition of entry or participation. The troubling practice raises a thorny question: How should the law distinguish between excluding someone because of their political beliefs and excluding them because of who they are?
The right to exclude?
Sap Sua was not the first business to declare itself off-limits to Zionists with no legal consequences. In Utah, after a bar called Weathered Waves declared “no Zionists allowed” in 2024, the attorney general found no evidence of legal wrongdoing. (Weathered Waves later closed over a dispute with its landlord.)
But that doesn’t mean “Zionist” bans are always legal. According to Richard Katskee, a professor of law at Duke University with expertise in public accommodation law, the legality depends on how the ban is enforced.
Does the business ask only Jewish or Israeli customers to disclose their views? Does it make assumptions about the politics of customers wearing kippahs? If Jewish customers are being singled out, Katskee said, that would make a finding of illegal discrimination more likely.
Omer Wiczyk, senior counsel at the Brandeis Center, told the Forward that two cases he’s currently litigating cross that line. At a coffee shop in Oakland, California, a customer wearing a Star of David baseball cap was asked on video if he was a Zionist and told to leave. At an eyebrow salon in Northern Virginia, a customer was kicked out after disclosing she was Israeli-American.
Businesses “cannot turn a customer’s identity into objectionable politics, and then invoke that to justify their exclusion,” Wiczyk told the Forward. “Being Israeli is not a political issue. Being a Jew is not a political issue. It’s who you are.”
But if a business required every customer, regardless of their identity, to affirm a particular political position on Israel before receiving service, that could be legal, Katskee said — though enforcing such a policy fairly would inevitably prove difficult in practice.
“It might be legal, like putting up a sign saying ‘Republicans only’ or ‘Democrats only,’” Katskee said.
Jenin Younes, legal director of the American-Arab Anti-Discrimination Committee, argues that businesses have some latitude to refuse service based on customers’ politics. The ADC is currently making that case on behalf of Poetica Coffee, which is fighting a Department of Justice investigation into its decision to publicly bar Rep. Dan Goldman over his support for Israel.
In Goldman’s case, Younes said, his public profile and easily searchable voting record help support the idea that the coffee shop targeted him for his political views.
“It’s harder to make the argument that ‘No, this was really about just not letting Jewish people in’ — because he’s a public figure,” Younes said. “He’s said what he thinks on these issues.”
Even Goldman himself said that the coffee shop incident did not warrant a civil rights investigation because of his status as a public figure.
Younes argues that the same principle applies to situations unrelated to Israel and Zionism.
In 2018, for example, the owner of a Virginia restaurant kicked out White House press secretary Sarah Huckabee Sanders citing the Trump administration’s “inhumane and unethical” policies. The restaurant faced social backlash, but no legal consequences.
And last year, a Martha’s Vineyard farmers’ market stand refused to sell lawyer Alan Dershowitz pierogi, citing his legal defense of Jeffrey Epstein and other men accused of sexual assault. Dershowitz threatened legal action, but it appears he never actually filed suit.
“In my opinion, businesses should have the right to exclude people whose views it doesn’t like,” Younes said. “And by the way, I would apply this in the other context: If there’s a pro-Israel coffee shop owner and they wanted to say, ‘We don’t want anyone wearing a pro-Palestine pin in here,’ I think they have that right.”
The law’s limits
Whether businesses have the legal right to exclude certain customers is a different question than whether they should.
Such bans can end up holding ordinary Jews responsible for the actions of the Israeli government — with the misguided idea that denying them a meal or a cup of coffee will somehow advance the Palestinian cause.
And since “Zionist” means different things to different people, using the label as a litmus test will almost inevitably lead to erroneous assumptions about peoples’ views.
In cases where the law is not a remedy, the free market may be. Businesses that turn away “Zionists” must be so committed to their beliefs that they are willing to refuse a paying customer, risking boycotts and reputational damage.
At the same time, some businesses may believe the publicity will draw in new clientele. Karimi Brows, which turned away the Israeli-American customer, boasted that it gained 40,000 TikTok followers in the month after the incident.
For its part, Sap Sua appeared to backtrack amid intense public pressure, posting to Instagram that it would welcome “every guest who walks through our doors.” (Sap Sua did not respond to the Forward’s request for comment.)
But for Lanigan, the damage was done.
“It was one of my favorite restaurants,” Lanigan told the Forward. “But I will never set foot in that place again.”
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Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog tasked Gadi Eisenkot on Sunday with forming Israel’s next government, giving him up to six weeks to assemble a coalition with a total of 61 seats out of 120 in Israel’s parliament, the Knesset.
If he fails to do so, then the president can give another Knesset member the opportunity; most likely this will be incumbent Prime Minister Benjamin Netanyahu. For his part, Netanyahu, has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government. But what are they exactly? And who, out of the other 11 parties, will be able to accept them and join his coalition?
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3
Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.
Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”
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