How to Avoid a War over the Law of Return

Key Findings:

This article maintains that allowing the grandchildren of Jews to come to Israel is problematic, but preventing them is even more problematic. It suggests opening the gates of conversion as the solution. 

The author references Rafi DeMogge's article, "The Looming War Over Israel's Law of Return," which examines the controversy surrounding the Grandchild Clause of the Law of Return from political and identity-related perspectives. The issue is argued as one likely remain a contentious topic in the future, overshadowing even the current judicial reform controversy.

The argument for cancellation of the Grandchild Clause is supported by several considerations: 

(a) Allowing non-Jewish immigration may affect the relationship between Jewish and Arab citizens of Israel; (b) The clause could be perceived as a means to change Israeli demography and alter the country's demographic balance, potentially challenging the justification for the Law of Return from an international law perspective; (c) Social cohesion could be compromised, especially regarding intermarriage (which over half of Jewish Israelis oppose) as the division between recognized Jews and "others" grows. The larger this group of “others” grows, the more likely it is to develop a “counterculture” that would characterize it as a new national category, distinct from both Jews and Arabs.

The arguments against the cancellation of the Grandchild Clause are also presented: 

(a) Eliminating the clause could lead to social tensions and divisions among citizens who have already become Israeli citizens; (b) Cancellation may negatively impact Israel's relationship with non-Orthodox North American Jewry, and potentially affect their attachment to Judaism and the nation-state of Israel; (c) From a Zionist perspective, the cancellation of the clause may hinder the goal of bringing more descendants of the Jewish people from the Diaspora to Israel and reduce potential aliyah (immigration).

Regarding the author’s suggestion that a more suitable approach to address the challenge is to focus on conversion: 

Israel's past governments have declared the conversion of immigrants descended from Jews as a national mission. Increasing religious plurality in the way of conversions (a decision that would have to be made by the Chief Rabbinate) could solve many of the problems associated with the Grandchild Clause. This would allow local rabbis to conduct conversions according to their interpretation of halakhah (Jewish law), accommodating the cultural preferences of immigrants from Eastern Europe and easing the process of assimilation into Israeli society. 

By adopting this approach, the justification for the Law of Return would remain intact, and social cohesion would be strengthened, avoiding further conflicts with Diaspora Jewry and continuing the process of the return to Zion.