Israel and the Diaspora: The Debate Over Amending the Law of Return

Photo: The massive aliyah from the Soviet Union and the special Exodus fundraising campaign

The Law of Return was unanimously approved by the Israeli Knesset approximately 71 years ago, guaranteeing the right of every Jewish individual, regardless of location, to immigrate to Israel. The debates surrounding the Law and its subsequent amendments offer a compelling examination of the influence and interaction between the three branches of government in Israel, as they seek to shape both the Jewish and democratic character of the state amidst evolving societal trends. This ongoing process also reflects the intense debate regarding a core issue within Israeli society: what constitutes Jewish identity? Specifically, what defines Jewishness in Israel and the Diaspora, and how does this align with a changing reality?

The broad spectrum of opinions on this legislation reflects the diverse views among Israelis on fundamental issues, such as the authority of Halachic norms in a modern state, attitudes toward intermarriage, and the standing of various streams of Judaism. Recently, prominent Israeli journalist Sivan Rahav-Meir stated that the majority of immigrants from the former Soviet Union are not Jewish according to Halacha, remarking: "At the state's founding, the Jewish demographic stood at 82.1 percent. This year, Jews comprise 73.9 percent of Israel's population. This monumental demographic shift receives minimal attention, perhaps because declaring the following is politically incorrect: the Law of Return must be amended."

In light of such assertions, several complex questions must be addressed. First, does the current political and ideological climate in Israel permit amendments to the Law of Return—a statute of foundational significance to the relationship between Israel and the Diaspora? Furthermore, would alterations to this critical legislation benefit or damage the immigrant community and Jewish congregations worldwide?

Immigration from the former Soviet Union has undoubtedly introduced new dimensions to the national discourse on the Law of Return. Secular and religious circles in the country have expressed concern regarding the growing number of new immigrants from intermarried families who may have limited affinity for Jewish culture and Judaism.

Nevertheless, despite intense debate, no amendments have been made to the Law of Return since the 1970s. Leaders of global Jewish organizations have consistently engaged in these discussions, recognizing the profound impact of the law on pivotal processes within Israeli society and global Jewish communities. This participation remains deeply symbolic.

Although the Law of Return primordially regulates the right to immigration and Israeli citizenship, its influence extends significantly to the dynamics of communities outside the Jewish state. It shapes the relationship between Diaspora Jewry and Israel, reinforcing the character of the State of Israel as the national home for all Jewish people, a foundational aspiration of the Zionist movement. Public and political debate on this matter remains crucial for Israeli society and must continue. However, divisive, often unsubstantiated rhetoric targeted at a significant segment of Israeli society and Diaspora communities must cease. The dialogue regarding the Law of Return must be conducted in a respectful and dignified manner, preserving the individual rights and dignity of all immigrants.