Dead anti-democratic legislation resurrected – and nearly passed

A shelved bill that pits Jerusalem’s holy character against the rights of the LGBT community was recently put on the Knesset table again, posing a serious threat to Israeli democracy. 

By Elinor Sidi

Israeli democracy has reached a crucial point in its existence. Although Prime Minister Netanyahu recently halted the promotion of anti-democratic legislation that threatened the funding of left-wing NGOs, this certainly does not mean that silencing, sanctioning, threatening and prevention of basic human rights have stopped. Moreover, it certainly does not mean Knesset members have ceased being irresponsible, populist and un-democratic.

Take the following story as a shining example:

In 2007, the Jerusalem Open House (Jerusalem’s grassroots LGBTQ organization) was surprised to learn of a proposed amendment, which would allow Jerusalem’s municipality to prevent the city’s Gay Pride Parade. The amendment to the Israeli Basic Law designating Jerusalem as the capital of Israel includes the argument that the city could ban events or activities which are deemed harmful to Jerusalem’s holy character.

As holy as it is, Jerusalem is also the largest city in Israel with a population of almost 800,000 people, and no doubt some portion of them are lesbian, gay, bisexual and transgender. Jerusalem is also the political capital of Israel, and therefore it symbolically represents its democracy. If passed, the new law would have created a dangerous situation singling out Jerusalem as a city where freedom of speech and freedom of protest are not viewed as essential civil rights for all Israeli citizens. While Israel touts itself as a democratic, gay-friendly country, the reality is not as rosy. The wording of the proposed law – “harming the holy nature of the city” is an elusive term, open to negotiation and alternative readings. It could very likely be used to prevent Jerusalem’s Gay Pride Parade and it could also be used to exclude other sectors from the Israeli public sphere.

Five years after the proposed law was considered to be dead and buried in Knesset committees, we at the Jerusalem Open House were amazed once again to find it alive and kicking. Resurrected by Knesset member MK Arye Bibi by Kadima, which is considered by many to be a liberal party, and directed this time against right wing extremists, the law was re-submitted for approval in March.

When I say Israeli democracy has reached a crucial turning point, I mean that there has been a loss of orientation, a loss of the basic intuitive understanding of what is right and wrong. I am referring to the use of anti-democratic laws – laws that were originally intended to shun a minority and prevent it from being heard – and recycling them. Relatively liberal MK Arye Bibi did not intend to prevent Jerusalem Pride. His intentions were to prevent extremists from disturbing the peace and stirring things up. Along the way he forgot that democracy is all about being able to stir things up, when you think something is unjust it is your responsibility to be vocal about it. The loss of his sense of direction made him pick a long-forgotten double-edged sword and use it, hoping that this will not hurt the moderate camp as well. Double-edged swords rarely work that way.

After receiving several phone calls explaining why the proposed law is dangerous to democracy, threatening civil society, and potentially damaging to Kadima’s image as a liberal party, MK Bibi decided to remove his proposal. I doubt he realizes even now that civil rights cannot be denied just because the opinions one is trying to prevent come from the other side of the political spectrum.

When legislators act impulsively, irresponsibly submitting damaging laws, civil society needs to take a stand. Our legislators’ loss of their compass can only be amended by strong and vocal independent organizations speaking out in protest.

I daresay that if it were not for the Jerusalem Open House’s efforts to stop this proposed law, Bibi would still be pushing it as hard as possible, without realizing he is destroying Israeli democracy.

Elinor Sidi is the Executive Director of the Jerusalem Open House for Pride and Tolerance