The recent reports of women being dragged from the Kotel — the Western Wall — while Torah scrolls were ripped from their hands and subjected to other tactics of intimidation and force by the Israeli police are unnerving, to say the least, to read and listen to. Israel is indeed a modern democracy with a state religion, Ultra-Orthodox Judaism. It is not the only contemporary democratic state with an official religion. Americans unaccustomed to overt state sanctioned religion may find it incomprehensible that instruments of the state would enforce the rules, practices and customs of a religious sect yet this is commonplace in many countries.
David Landau in a Haaretz opinion piece argued that non-Israeli Jewry protesting the enforcement of Israel’s state religion at the Kotel is nothing short of libelous by portraying Israel as a country mired in medieval-isms and religious obscurantism. He asked those who protest Israel’s actions at the Kotel to consider what the state response would be to someone performing non-Catholic worship at the Vatican or Catholic worship at the Diocese of Canterbury in England.
Landau’s argument though only extends to a certain point. Yes, the state would enforce the normative religious practice of the state religion in institutions or buildings that represent that state religion. However, the state would also simultaneously enforce the rights of the protesters acting out in civil disobedience at those sites. The harassment and physical violence inflicted upon the protesters would be prosecuted to at least the same extent as those doing the protesting would be held accountable. It is a basic right of modern democracy to protest and the modern democratic state has as much responsibility to protect the integrity of the legally recognized status quo as it does to protect the well-being of those who disobey it.
This, however, is not the entire point. If we seek to compare and contrast Israel’s treatment of the complex situation at the Kotel with that of other modern polities with a state religion and stop there we will have missed the full picture. Israel is not just a modern democratic state with an official religion, it is also a Jewish state and as such it bears a unique prism by which to view this issue.