Can equality be enshrined in an Israeli constitution now?

Key Findings:

This op-ed discusses the significant distinction between "avoiding evil" and "doing good” in the context of the protest movement in Israel and its success in preventing Israel’s current situation from deteriorating further.

It is essential to acknowledge equality as an entrenched constitutional value in the State of Israel, as it aligns with the biblical commandment of equal treatment for all individuals, regardless of their background. Shaping Israel's identity as a Jewish and democratic state requires a commitment to this noble human right. Therefore, it is crucial to go beyond enacting a "thin constitution" that merely establishes the rules of the game between government branches. 

The principle of equality should be constitutionally anchored, reflecting the spirit of Israel's Declaration of Independence. This constitutional inclusion of equality would allow for judicial review of laws that undermine equality based on various factors such as race, gender, religion, and more.

Enshrining equality in the constitution would be a positive development for the citizens of Israel and could help maintain a common future. However, achieving broad consensus for such a constitutional initiative is challenging, given the wide-ranging implications of equality on different identity groups within Israeli society. It is necessary to bridge the gap between general statements in favor of equality and the actual positions that emerge during discussions, considering the diverse interests and values at stake.

Past attempts to enshrine the principles of the Declaration of Independence in law have faced opposition, indicating a lack of broad consensus. The Israel Democracy Institute's survey confirms this, revealing varying levels of support for granting special rights to Jews based on Israel's Jewish character. Achieving a broad consensus on equality as a constitutional value requires further effort and consideration.

Insisting on the unattainable and imposing a constitutional value on a sizable opposition can be counterproductive and fuel the ongoing culture war. It is worth noting that even without a dedicated constitutional right to equality, the Supreme Court has found ways to promote equality and is likely to continue doing so. Rather than demanding "equality or nothing," it is important to seize the opportunity to improve public life through a thin constitution that establishes fair rules for managing ideological discord while simultaneously promoting the importance of equality in various spheres of national life.

A combined approach involving legal-constitutional measures and the recognition of equality's significance in education, public discourse, ideology, and religion can pave the way for its transformation into a constitutional value supported by broad consensus. Success in this endeavor is a prerequisite for the establishment of a constitution that reflects the values and aspirations of Israeli society.