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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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The post ‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming appeared first on Jewish Telegraphic Agency.
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The Ethan Klein YouTube cheating scandal is reigniting a debate about IDF service
The chronically online are still reeling from — and reveling in — the cheating scandal surrounding Jewish YouTubers Ethan and Hila Klein. And, after Hila’s estranged brother spoke out for the first time this week, commenters have revived a debate over the siblings’ service in the Israel Defense Forces, reflecting the ways in which shifting political trends online can impact even seemingly-unrelated stories.
Hila, an Israeli who met Ethan during his Birthright trip to Israel in 2007, posted a statement accusing Ethan of the affair on Oct. 22. The two had built a joint YouTube career in America garnering millions of subscribers to their show, the H3 Podcast. They married, had three children together and employed around a dozen people on their production crew — one of whom is alleged online to be Klein’s affair partner.
Because of the show’s Israeli connections, the Kleins’ Birthright meet-cute, and the show’s myriad other Jewish connections — the podcast employee allegedly having the affair with Ethan is also Jewish — discussions of Israeli politics have long swirled around the show. Ethan feuded with numerous other YouTubers and internet figures, including Hasan Piker, with whom he used to cohost a podcast, over the Oct. 7 Hamas attacks and Israel’s war in Gaza.
In recent years, especially after Oct. 7, with pro-Palestinian sentiments increasingly dominating online, the H3 Podcast’s connection to Israel has become a central part of its identity, and drawn controversy and analysis across the internet from Piker and general viewers. Each time Israel has been brought up on the show the conversations are closely tracked and analyzed in relevant subreddits.
With the Kleins making headlines because of the affair, old Israel discourse has resurfaced surrounding the internet celebrities. Central to it is the question: what level of Israeli military service is forgivable in the eyes of the far left? As Hila routinely came under scrutiny for her service, the Kleins would point to Hila’s brother Moses Hacmon, who also served but has faced far less criticism for doing so.
Hacmon, another internet celebrity, has long been feuding with Hila and Ethan, thanks to his now-wife, infamous YouTuber Trisha Paytas. (Paytas is known for an endless string of controversies including taboo OnlyFans content and saying the n-word while singing along to a rap song, as well as being accused of physically abusing Hacmon.)
Hacmon, who moved to the U.S. in 2002 to launch his art career after finishing his IDF service, met Paytas through Ethan and Hila. The Kleins had just begun having Paytas on their show, which led to Ethan launching a new podcast, Frenemies, with Paytas. Initially, the two couples were close. But the show lasted less than a year and ended in a bitter falling-out over revenue, creative disagreements and family drama, severing ties between the two couples. Now, that conflict is finding new life as fans fight over which siblings’ IDF service was most immoral.
Scrutiny over military service
In defending Hila’s IDF service, Ethan mentioned multiple times that she worked a noncombat desk job and never hurt anyone personally.
The Kleins, who show a vindictive streak against their enemies, also often deflected criticism of Hila by pointing at Hacmon, saying he was an active combatant in the air force, and pointing angry commenters in his direction. (Hacmon and Paytas, while they have drawn their own controversies in the past, have come under less fire as of late and currently are popular in the online ecosystem.)
The Kleins said that they didn’t take issue with Hacmon’s service. But, they said on numerous episodes of the podcast, if people were upset with Hila for serving in the IDF, they should be just as upset with Hacmon.
Until this week, Hacmon hadn’t publicly spoken to or about the Kleins for five years as tensions simmered. He did not invite them to his wedding with Paytas or introduce them to the couple’s three children (who are named — actually — Elvis, Malibu Barbie and Aquaman).
But Hacmon broke his silence on Tuesday to talk about the affair. He said he felt for his sister and that his door was open to her, but added that things the couple had said about him, particularly his military service, were painful lies.
“I never graduated from flight school,” said Hacmon on his podcast with Paytas. “I never was a pilot. I’ve never been in combat. I’ve never hurt anyone. I’ve never shot a gun at anyone.”
This may sound like a petty feud over minor details; either way, both siblings served in the IDF. But it reflects the shifting tides of political trends and viewer favor online.
Pro-Palestinian activism, and harsh criticism of Israel’s army in light of the war in Gaza, has become the mainstream acceptable stance online, and views are so black and white that small details can ruin an online career. Fans, hungry to cancel their enemies, scour the internet for evidence of what they consider to be a sin — for some people, even recommending the wrong book or using the wrong brand of makeup can be an indication of cancellable politics around Israel.
For many influencers, serving in the IDF at all, regardless of role, is enough for online cancellation, but since both of the siblings served, the fight boils down to details, with each sibling attempting to distance themselves from the violence as much as possible to prove that they are not the wrong kind of Jew.
Getting into the weeds on Israel
But a decade ago, this political framework had not yet taken hold of the internet, and Israel was not a pariah online — meaning that the evidence on both Hila and Hacmon’s service can get muddled, as they presented their records differently back when they seemingly thought it sounded cool to be in the army.
An interview with Hacmon published sometime circa 2015 seems to corroborate some of his most recent statement:
“I spent a year and a half in the flight school,” Hacmon said about his service in the air force. “When I left the military after three years I really wanted to catch up for that time.”
But despite his insistence that he did not see combat, in a 2021 episode of Frenemies, long before Oct. 7, Paytas seemed eager to prove her husband had been an active combatant. She bragged about Hacmon’s service in the IDF saying he deactivated bombs in Lebanon and was a “bomb specialist.”
“Whoa, whoa, whoa,” replied Ethan.
“That’s what he did,” yelled Paytas, gesturing to Hacmon who sat silently off screen.
Hila, on the other hand, worked a desk job throughout her service and at one point was, as she described it, a secretary for a brigade that conducted military missions in Ramallah, a major city in the occupied West Bank. One night, unauthorized and acting out of curiosity, she accompanied the brigade on a mission to detain “a terrorist.” This anecdote, which she shared during a 2017 episode of the couple’s podcast, would be used against her time and time again by Piker and various critics after the Oct. 7 Hamas attacks on Israel and the ensuing war in Gaza.
Viewers commenting on the siblings’ mandatory service had various takeaways.
“I don’t like either of them but you can’t call out one without the other being terrible too,” said one X user. “It’s hypocrisy.”
One commenter, coming to Hila’s defense argued: “Moses was in the IDF, just like Hila. The difference is Hila worked a desk job then asked to go out on the field ONE TIME out of curiosity. Moses worked with bombs and was actually out doing field work, as Trisha loved to brag about.”
While the exact details of each siblings’ service remains disputed, one thing is certain: the casualness with which they once discussed the IDF is gone. What used to be simple background in their personal histories — an experience most Israelis share — has become ammunition in arguments over their alleged complicity in the conflict and an opportunity for moral grandstanding.
All of this is old news, really, though; today, its main effect is drawing attention away from Ethan’s affair. The military debate and disdain many online feel for the IDF — especially in the left wing circles these four worked in — has left little sympathy for the mother of three navigating separation after a devastating affair.
The post The Ethan Klein YouTube cheating scandal is reigniting a debate about IDF service appeared first on The Forward.
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Zoom chat: Memories of Yiddish and Bund gatherings in Melbourne
אין קאַרלטאָן, אַ געגנט אין מעלבורן, האָט מען אַ מאָל געהערט ייִדיש אויף דער גאַס; געגאַנגען אויף בונדישע פֿאַרזאַמלונגען און אין ייִדישן טעאַטער, און געזונגען ייִדישע לידער.
אין אָט דער וועלט איז אויפֿגעוואַקסן דער שרײַבער אַרנאָלד זייבל, אַ קינד פֿון בונדישע אימיגראַנטן פֿון פּוילן. זונטיק, דעם 15טן נאָוועמבער, 7 אַ זייגער אין אָוונט ניו־יאָרקער צײַט, וועט אלי בענעדיקט, פֿון דער ייִדיש־ליגע, פֿירן אַ זום־שמועס מיט זייבלען וועגן זײַנע קינדער־יאָרן אין מעלבורן — דער עיקר, וועגן די ייִדישע שולן, טעאַטערס, לידער און די מענטשן וואָס האָבן געשאַפֿן יענע וועלט.
זיי וועלן אויך אַרומרעדן ווי אַזוי די זכרונות פֿון יענער וועלט לעבן ווײַטער אין זײַנע ביכער.
אַרנאָלד זייבל איז אַ שרײַבער, דערציילער און אַקטיוויסט פֿאַר מענטשנרעכט. זײַנע ביכער, וואָס זענען אויף ענגליש, באַהאַנדלען טעמעס פֿון אימיגראַציע, זכּרון און גלות. צווישן זײַנע באַקאַנטע ביכער געפֿינען זיך „קאַפֿע שעהעריזאַד“ און „בריליאַנטן און אַש“.
די אונטערנעמונג איז פֿרײַ פֿון אָפּצאָל. כּדי זיך צו פֿאַרשרײַבן, גיט אַ קוועטש דאָ.
The post Zoom chat: Memories of Yiddish and Bund gatherings in Melbourne appeared first on The Forward.
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At Moontower Minyan, cowboy hats meet kippot
AUSTIN, Texas – In an old churchhouse in Austin, with light streaming through the arched windows, a man wearing a cowboy hat and strumming an acoustic guitar croons the classic Willie Nelson ballad, “I thought about you, Lord.”
Along with his cowboy hat, the singer is also wearing a tallit. His bandmates, plucking at the bass and playing the drums, choose a different type of headcovering: yarmulkes. Welcome to Shabbat at Moontower Minyan, held at a former church turned artist collective.
Rabbi Dan Ain and his wife, poet Alana Joblin Ain, started Moontower Minyan shortly after the Hamas-led attacks in Israel on Oct. 7, 2023 — when many Jews in Austin who didn’t have ties to a community sought meaningful ways to express their Judaism and meet others seeking a similar creative outlet.
“We wanted to have experiences where we didn’t feel locked into expressing Judaism in only one monolithic way,” said the rabbi, who moved to Austin from San Francisco at the end of the COVID pandemic. “We wanted to experience the diversity of what it could be in this town in order to be more human and more alive.”
In a population of more than 2.5 million in the greater Austin area, more than 62,000 are Jewish. According to a recent study of Austin by the Cohen Center for Modern Jewish Studies at Brandeis University, 44% of Jewish adults have lived in Greater Austin for less than one decade, while just 10% were raised locally.
The Ains are two of the 11,800 who have lived in the city for less than five years – part of a larger trend of people from the coasts coming to Austin to find something more laidback and affordable. With Moontower Minyan, they are trying to infuse that vibe into Judaism, along with a healthy dose of country tunes.
Think Purim pageants with country ballads about Esther, prayers sung to bluegrass melodies or a Honky Tonk Hanukkah with two-step lessons. Ain says Moontower Minyan is doing what Diaspora Jews have always done: blending local culture and their religion. And in a city once dubbed the “Live Music Capital of the World,” a minyan would not be authentically Austin without live music.
Though services often include traditional prayers, they also include bluegrass, jazz and other melodies. In addition, congregants take turns “making offerings,” which at Moontower means taking up a mic or an instrument and joining the band.
“If you go to a traditional synagogue, you’ll often hear melodies that are German,” Ain said. “If you go to a Reform synagogue, you might hear Debbie Friedman melodies, which are from the 1960s.”
“These are aesthetic choices, and the people that I’m meeting in Texas want to figure out ‘How do we create a Jewish community that looks and feels and sounds like us without it having to be reflected through how Eastern European Jewry looked and felt?’” he added.
David Rabinowicz, 32, moved from Boston five years ago with aspirations of gaining a foothold in the music scene. He quickly found his footing, but after Oct. 7, a lot of his industry friends turned their backs.
“I lost a pretty significant amount of my community,” he said. “A lot of the arts got dominated by anti-Jewish sentiments. It became very clear to me very quickly: I wished I had invested some time into building a Jewish community, in part as a safety net, and it became clear to me that was a very important thing to me missing from my life.”
Determined to do more “Jewish things,” he attended a Shabbat dinner where he met Ain and eventually became creative director of Moontower Minyan.
“It’s done a lot for me to get to take these ostensibly different sides of my life and not only have them coexist, but actively feed off of each other,” he said.
Jew Boom
Ain, now 50, hadn’t always planned to be a rabbi. He graduated law school, took the bar exam, and was about to begin practicing in Manhattan when 9/11 happened.
“I felt a calling to serve the Jewish people, in particular those who — like me — felt called back to their faith,” he said.
The following year, Ain enrolled in rabbinical school at the Jewish Theological Seminary, part of the Conservative movement. For two decades now, he has served Jews both through traditional congregations and independent minyanim, creating start-up projects with his wife, including a Brooklyn-based group called Because Jewish, which offered musical meditations.
Raised in Long Island, he never saw himself living in the Lone Star State.
Little did he know, for more than a century, Austin had been home to a small Jewish population until 1968, when the community began to grow. Since then it has grown 20-fold, one of the fastest growing Jewish communities in the U.S. University of Texas at Austin,
the flagship of the University of Texas system, has had much to do with that growth, bringing Jewish professors and students from all over the country.
As Austin became a center for high-tech industry, more Jewish adults moved there in the 1980s to work for companies like IBM, Texas Instruments and Motorola. But it was a single company, started by a Jewish UT Austin student, Michael Dell, that really made the city’s Jewish population explode: Dell Computers.
The company transformed Austin from a medium-sized college town to a booming tech-hub, drawing workers from across the country. In 2000, Michael Dell shaped the Jewish community in another way, creating the Dell Jewish Community Campus, which hosts the city’s JCC, federation, a day school and three synagogues.
Austin saw another boom during the COVID pandemic, when the Austin metro area’s population grew by 15 %. Moving to Austin in 2022 from San Francisco where Dan was a rabbi at a Conservative congregation, the Ains became part of this boom.
But the suburban-style Texas sprawl of Austin covers nearly 320 square miles, a footprint larger than New York City. Only 13% of Austin’s Jewish
families live in close proximity to the Dell campus in northwest Austin. For the Ains and many other Austin residents, getting there is practically a road trip. That might explain in part why the Brandeis study found that only
15% of Jewish households belong to a Jewish congregation either locally or elsewhere.
Light up the Texas night
Moontower Minyan fills a void in more ways than one.
Ellie Cohen, 23, is one of the few members of Moontown who was born and raised in Austin. She left for college at the University of California in Los Angeles, then came back, hoping to take advantage of the laid back vibe and musical culture. But she discovered her hometown, whose slogan famously used to be “Keep Austin Weird,” now wasn’t all that different from other American cities with high tech hubs and corporate headquarters.
As the city has become a destination, it’s also gotten more expensive. Artists have been priced out and homegrown live music venues have shuttered. For Cohen, worshiping with Moontown Minyan conjures what she missed.
“I didn’t think Jewish life could be cool in Austin, Texas,” Cohen said. “Judaism is such an intimate way to get to
know people. I love what Moontower is doing to awaken that in a lot of people.”
Moontower Minyan’s name is inspired by Austin’s history. More than a century ago Austin erected its first “moontowers,” 165-foot steel lighting structures to light up the darkness. The city still has 17 in use today, and they even got a shout out in the film “Dazed and Confused,” where the characters party under a moontower.
Dan Ain likes the imagery of a light in the darkness: “lighting up like a menorah, wanting to light up the Texas night, is a nice feeling for us.”
The minyan’s monthly Shabbats, held at the Something Cool Studios artist collective, draw around 60 people. High Holiday services were standing room only.
The Ains are even expanding the community into the area’s Hill Country, a rapidly-growing area right outside the city.
“When you leave a service that he does, you feel really good about yourself, and you feel really good about being Jewish,” said Sarah Kline, a mother of four who lives in the Hill Country town Dripping Springs. “That’s what I want my kids to feel.”
Phill Brush, a bluegrass bassist and singer who regularly performs at Moontower Minyan, had never thought to incorporate his Judaism into this bluegrass.
“Rabbi Dan is the first rabbi I hung out with since I graduated Hebrew school,” said Brush.
“His service style is not the typical sit down and say the prayers that we always say, and do that,” said Brush. “He is building and cultivating his own style and interpretation of spirituality, especially based around art and music, which resonates with me.”
Moontower Minyan even inspired Brush to start a new band, “Old Time Religion,” which sings bluegrass songs about stories from the Hebrew Bible and has become Moontower Minyan’s house band.
At a recent Shabbat dinner with Moontower’s leadership team, Alana Joblin Ain covered her eyes as she recited the blessings over the Shabbat flames. Dan Ain blessed the wine and challah, tore the bread and tossed chunks to guests across the table as he delivered a d’var Torah based on the parsha. He compared the Tower of Babel, built after the flood, to an ancient AI data center. Both illustrate humanity’s tendency toward self-preservation and conformity in the face of fear.
“God comes down and says this is not good,” he explained. “It’s not good if we lose the point of being human, which is to express our creativity and our individuality and our humanity the way God intended.”
“If you want to think about sort of after a tragedy when a lot of people wanted to get together and express their Jewish identity,” he said, referring to Oct. 7, “we’ve begun to create a space where people can do it in a way that feels authentic.”
The post At Moontower Minyan, cowboy hats meet kippot appeared first on The Forward.
