Since the October 7 Hamas attack and the ensuing prolonged war, the political awakening of 2023 against the regime revolution and in support of democracy would seem to have been forgotten. Although the protests have returned to the streets, they remain limited and focused on the critical demand for the release of the hostages held by Hamas. Nevertheless, a basic democratic value still present in the protest is the call for a change of government in elections. A survey by Zulat for Equality and Human Rights and Reichman University’s Institute for Liberty and Responsibility examined the level of support for yet another principle central to the definition of the democratic character of the state: freedom of religion and freedom from religion. Conducted by iPanel in May 2024 among a representative sample of Israeli society comprising 1,517 respondents, the survey indicates sweeping support for this essential principle across the political spectrum.
First of all, it should be noted that according to the survey, the public lacks essential information about the Israeli democratic system. Following the unprecedented public learning process that took place during 2023, most Israelis are probably aware that Israel does not have a formal written constitution. Some Israelis are also likely to know that instead of a constitution, Israel enacted several Basic Laws, some of which anchor and protect human and individual rights. However, the survey shows that only a minority (about a quarter of the population) is cognizant of the fact that Israel has no Basic Law guaranteeing equality among all citizens. In practice, neither is there an ordinary law anchoring civil equality, and protection of this principle has been established through Supreme Court rulings, in addition to laws that partially regulate equality in specific areas, such as gender equality and equal opportunities in employment.
The survey found that half of Israelis think (30%) or are certain (20%) that there is a Basic Law anchoring civil equality in general. The gap between Jews and Arabs in response to this question likely reflects different experiences or perceptions regarding the character of the State of Israel: a majority of 54% of Jews believe such a Basic Law exists, while only 38% of Arab respondents think so. In both groups, only a minority is aware of the actual situation: 24% of Jews and 36% of Arab respondents said there is no such law, while a quarter of respondents in both groups admitted that they do not know.
To repeat, no law guaranteeing equality among all the state’s citizens exists in reality, and that’s not by accident. According to one explanation, the state has refrained from committing to equality so as not to be compelled to end discrimination against its Palestinian citizens. However, a review of the Knesset’s past efforts to legislate a Bill of Rights reveals strong opposition from religious legislators, mostly ultra-Orthodox MKs, to a clause on civil equality in the state’s laws. In a 2012 article, the late Prof. Amnon Rubinstein, one of the architects of the 1992 Basic Laws, described the stance of the ultra-Orthodox and religious parties towards the equality clause as “non-negotiable,” mainly out of fear that it might adversely impact on the Law of Return and the exemption from military service for yeshiva students and due to their objection to equality for non-Orthodox streams in Israel.
Other questions sought to examine Israelis’ stance on freedom of religion, both in principle and in practice. This was done by ascertaining support for the legislation of a Basic Law on the subject, as such a law would affect certain aspects of daily life by introducing greater use of public transportation on Shabbat as well as civil marriages and divorces. The findings indicate that, at a practical level, there is broad support for changing the set-up that has been with us since the inception of the state.
Regarding the possibility of anchoring freedom of religion and freedom from religion in a Basic Law, the question posed in the survey examined the level of support or opposition to such a law after listing its basic principles: “Every person has the right to adhere to their religion, no citizen shall be discriminated because of their religion, every citizen has the right to adhere to no religion, no religious precept or norm will be imposed in Israel.”
The survey showed that the level of support for such a Basic Law is particularly high: 71% of Israelis support it, 36% moderately and 35% strongly. Support is near unanimous among opposition party voters in the 2022 elections (90%), but also among coalition voters there is a majority (57%), as well as among self-declared supporters of the Right, Center, and Left. Uncommonly, the differences between Jews and Arabs on this issue are minimal: 75% of Arabs and 70% of Jews support such a law moderately or strongly. Given the socio-political polarization that has existed even before October 7, it is important to find such common grounds is important. Indeed, support for freedom of religion and freedom from religion constitutes appears to be a shared value.
To emphasize the practical implications of a Basic Law anchoring freedom of religion and freedom from religion, the survey included several follow-up questions describing the possible effects of such a law on various aspects of life. These questions examined whether support for its legislation would increase or decrease if this law introduced civil marriages and divorces in Israel, expanded the use of public transportation on Shabbat and Jewish holidays, or led to state recognition of non-Orthodox conversions to Judaism.
The findings showed that the introduction of civil marriages and divorces, and even more so greater public transportation on Shabbat, significantly increase support for legislating a Basic Law on freedom of religion and freedom from religion. The number of respondents whose support for the law grew stronger was twice as high as the number of those who said their support would decrease, while the rest said these steps would not affect their level of support or opposition to the legislation of such a Basic Law.
As for recognition of Conservative or Reform conversions to Judaism, the results are less clear-cut: 35% of all Israelis said such a step would increase their support for the law and 28% said it would weaken it. Among Jewish respondents, for whom this issue is more relevant, opinions were almost evenly split: 38% said it would increase their support, while 34% said it would reduce it.
As expected, the level of support for a law that would bring about changes in policy varies according to the degree of religiosity of Jewish respondents, who also differ on the steps. For instance, opening up the option of civil marriage enjoys significant support among secular Jews (72%), as well as relative support among traditionalist Jews (42% said this option would increase their support for the law, compared to 24% who said it would reduce it). As in other areas, an overwhelming majority of religious and ultra-Orthodox respondents (64% and 81%, respectively) objected to civil marriages.
On the question of expanding public transportation on Shabbat and holidays, the response of secular Jews was very different from that of traditionalists: 84% of the former and 38% of the latter said it would increase their support for a Basic Law on freedom of religion. Slightly more than the 32% of traditionalists said it would reduce their support, as did the sweeping majority of religious and ultra-Orthodox respondents.
The issue that stirs the most objection among religious Jews is the possibility of non-Orthodox conversions: over 80% of religious and ultra-Orthodox respondents reacted negatively. Traditionalists were evenly split between those who said changes in conversion policy would increase and those who said it would reduce their support for the Basic Law. In contrast, a majority of secular respondents reacted positively to such a possibility, with their support for the law increasing.
Despite the divisions among certain groups, the trends revealed by the survey are quite clear. The erroneous belief of most Israelis that the principle of equality is anchored in a Basic Law can be attributed to their view that this is what ought to be or the perception that it is guaranteed by other means (such as the Declaration of Independence or Supreme Court rulings), without realizing that their validity is not the same as that of a Basic Law. And when Israelis are asked about a specific democratic principle (ensuring freedom of religion and freedom from religion), support for a Basic Law anchoring it is strong and cuts across the entire political spectrum. The survey shows that the majority of Israelis are ready and expect a change in the status quo. Even if disagreements emerge about the actual policies in some areas, a clear basis exists for changing the rules of the game in Israel.
The current survey was conducted for the Human Rights Index of Zulat for Equality and Human Rights and the Institute for Liberty and Responsibility on 26-29 May 2024. The questions and analysis of the findings were written by Dr. Dahlia Scheindlin. The data was collected online by iPanel among a representative sample of Israeli society comprising 1,517 adult respondents: 1,224 Jews (in Hebrew) and 293 Arabs (in Arabic). The maximum margin of error is 2.5%.
