From the time of Aharon Barak, we are continuously being exposed to rulings by the Supreme Court of Israel that greatly upset the nationalistic public in general and the religious people among them in particular. I am referring to rulings on the subject of religion and the state, settlement activity in Yehuda and the Shomron, the army and security, personal rights, giving preference to personal rights and freedom of expression as opposed to national rights, Jewish morality, and faith in the traditions of our fathers. This is in addition to judicial activism and the attitude that “everything is subject to judgement,” which has led to legal interpretation of laws in a way that is different from the original intent of the lawmakers, including the cancelation of various laws.
What follows is a very small number of examples. Religion and the state: Rulings related to the IDF Chief Rabbi and rapid conversions which begin in Israel but are completed hastily abroad; Settlements: The destruction of Amona and similar settlements; The IDF: Prohibiting a routine where enemy civilians are sent to knock on doors of suspected terrorists who are their neighbors; Security: Preventing expulsion of terrorists and their families and preventing keeping hostages from Lebanon in order to help in the attempt to free Ron Arad; Morality: Allowing the broadcast of pornographic material and permitting single-sex couples to adopt a child. I can discuss this last issue based on my personal experience – In the year 2000 I joined with the late Shulamit Aloni to ask the Supreme Court for an injunction against the Council for Cable and Satellite Broadcasts to force them to block the broadcast of the Playboy channel even though it was prohibited by an explicit law. Our plea was rejected on the basis of “freedom of expression.” As a result of another request of mine for an injunction, asking for equal rights for religious education, I made a decision never to turn to the Supreme Court again on such subjects, since the results could reliably be predicted in advance.