2018

A State for the Jewish People

Israel's parliament passed a Basic Law declaring the country the nation-state of the Jewish people, prioritizing Jewish self-determination over full equality for all citizens.

July 19Original articlein the voice of REFRAME
Knesset
Knesset

The Knesset passed the Basic Law: Israel as the Nation-State of the Jewish People with a 62-55 vote. The date was July 19, 2018. The law codified existing symbols like the flag and anthem, designated Hebrew as the sole official language (demoting Arabic to a 'special status'), and established Jewish settlement as a national value. Proponents, led by Prime Minister Benjamin Netanyahu, called it a necessary affirmation of Zionism and Israel's founding purpose. Opponents, including many Arab citizens and left-wing Jewish lawmakers, condemned it as an act of constitutional discrimination against Israel's 21 percent Arab minority.

The law's significance lies in its elevation of Jewish character over democratic equality within Israel's constitutional framework. Israel has no single written constitution but a series of Basic Laws. Two earlier Basic Laws from 1992 focused on human dignity and liberty, forming a legal basis for courts to protect individual rights. The Nation-State Law provided a counterweight, emphasizing collective Jewish rights. It created a legal hierarchy where the right to national self-determination in Israel is 'unique to the Jewish people.'

A common reframe is to see the law as merely symbolic. Its practical effects are already tangible. In 2021, the High Court cited the law in a ruling that allowed Jewish-only communities to exclude Arab citizens, stating the law 'establishes the principle that the realization of the right to Jewish national self-determination is a core value in Israeli legislation.' It shapes land policy, resource allocation, and the legal status of minority languages.

The passage formalized a long-simmering tension in Israeli society. It moved the center of gravity in the state's legal identity, ensuring that in any future conflict between the state's Jewish and democratic principles, as defined by this law, the Jewish principle holds primacy. The debate it ignited continues to define Israeli politics and its relationship with its non-Jewish citizens.