Supreme Court Issues Show Cause Order against Admissions Committee Law

(Haifa, Israel). Today, Monday 20 June 2011, the Supreme Court of Israel held the first hearing on two petitions submitted by Adalah and the Association for Civil Rights in Israel (ACRI) against the constitutionality of the "Admissions Committees Law". This law, which passed at the end of March 2011, allows these committees to reject applicants on the grounds that they are "socially unsuitable" to live in these communities based on the "social and cultural fabric of the town".

The three justice panel, comprised of Chief Justice Dorit Beinisch and Justices Edna Arbel and Yoram Danziger, issued an order nisi (or order to show cause) demanding that the state explain within 45 days why the law should not be voided as unconstitutional. The court also decided that further hearings on the case will take place before an expanded panel of nine justices.

Adalah Attorney Suhad Bishara stated after the hearing: "We hope that the Supreme Court will eventually strike down this law. The law produces a sub-state within the State of Israel of committees in around 700 communities. These committees determine who will and who will not live in the wide open land spaces, according to their sole and independent discretion. The issuance of this order to show cause at the first hearing gives us hope that the court will seriously consider the cancellation of this law."

Adalah filed the petition on behalf of the following NGOs: the Arab Center for Alternative Planning, the Mizrahi Democratic Rainbow (HaKeshet HaMizrahi), Bimkom: Planners for Planning Rights, Another Voice in the Galilee (Kol Aher BaGalil), and the Jerusalem Open House for Pride and Tolerance. Adalah Attorneys Suhad Bishara and Haneen Naamnih submitted the petition. Adalah has been challenging the existence of "admissions committees" since 2007, when it petitioned the Supreme Court (See HCJ 8036/07, Fatina Ebriq Zubeidat, et al. v. The Israel Land Administration, et al. (case pending)) to cancel this practice.

The petitioners argued that the law allows admission committees to reject any person on the basis of his or her national belonging, sexual preference, and even on health grounds. It would also allow an admission committee to reject an Arab applicant because his or her culture is different from that of the majority living in a community town.

Case Citation: HCJ 2504/11, Adalah, et al v. The Knesset, et al. (case pending)

See also: "Adalah Petitions Supreme Court to Demand Cancellation of New "Admission Committee Law", 31 March 2011
http://www.adalah.org/eng/pressreleases/pr.php?file=31_03_11