In a landmark ruling that could destabilize Israel's government, the Supreme Court has mandated that the military begin drafting ultra-Orthodox men, ending their long-standing exemption from service.


This unanimous decision arrives amidst growing public discontent over the exemption, particularly following the Hamas-led attack on Israel last year and the prolonged conflict in Gaza, which has strained the military's resources.


For years, the Israeli Supreme Court has argued that the religious exemption violated laws on equal protection. The court's recent ruling condemned the state for “invalid selective enforcement,” labeling it a severe breach of the rule of law. Additionally, the court maintained a freeze on subsidies for religious seminaries, known as yeshivas, which had been in place since March.



Previously, the government had extended the exemption multiple times without successfully passing a permanent law or a compromise that would limit the draft. During recent court arguments, government lawyers warned that enforcing conscription could “tear Israeli society apart.”


The decision to draft ultra-Orthodox men poses a significant challenge for Prime Minister Benjamin Netanyahu, potentially weakening the already fragile coalition that keeps him in power. Two influential ultra-Orthodox parties, critical to Netanyahu's coalition, are firmly against drafting their members. Their departure from the coalition could trigger its collapse and new elections.


The ultra-Orthodox military exemption dates back to Israel's founding in 1948, initially intended to protect a small number of religious scholars. However, with ultra-Orthodox families typically having many children, their population has grown rapidly, now constituting about a quarter of men of enlistment age. This demographic shift has significant implications for Israeli democracy and society.


The recent conflict in Gaza has heightened the urgency to draft the ultra-Orthodox. Israel has been fighting on multiple fronts since the Hamas assault in October, which killed 1,200 Israelis. The military has called up hundreds of thousands of reservists and extended service periods to cope with the increased demands.



Ron Scherf, co-founder of Brothers and Sisters in Arms, a group advocating for an end to the broad ultra-Orthodox exemption, argues that those serving are unfairly burdened. Public support for ending the exemption is high, with polls showing around 70% of Jewish respondents in favor of change.


Despite some ultra-Orthodox men voluntarily joining the military after the Hamas attack, they face significant social stigma. Mordechai Porat, a 36-year-old social worker, shared his experience of joining the military and the social costs he endured, including his son being denied entry to a community school.


Tel Aviv University’s Nechumi Yaffe, who is ultra-Orthodox, believes the integration of ultra-Orthodox men into the military should be gradual, starting with non-combat roles to help them adapt. She cautions against forcing conscription, predicting resistance if not handled sensitively.


Porat also advocates for a slow approach, suggesting that more ultra-Orthodox men might be willing to serve over time, especially if societal attitudes shift. However, he warns that coercion could lead to backlash and increased resistance.


This ruling marks a significant shift in Israeli policy, reflecting deep societal and political tensions. How the government navigates this change will have lasting implications for Israel's military, economy, and social fabric.