דת ומדינה: עידן הביזור: לזכרה של הנשיאה מרים נאור ז"ל

The late Miriam Naor served as Chief Justice of Israel’s Supreme Court for less than three years. During that short period, she advanced decisions on some of the key issues in the area of religion and state. Chief Justice Naor, who believed that separating religion and state was inappropriate, navigated the Israeli culture war with caution. The characteristic approach of her rulings was to impose restrictions on the monopolistic power of the entities that speak in the name of religion: Rejecting the position of the Minister of the Interior that sought to maintain nationwide governmental control over the character of Shabbat in the public sphere, she conferred validity on local arrangements on this matter, thereby achieving geographical decentralization. Rejecting the position of the Minister of Justice, she recognized the validity of conversions performed in private religious courts, thereby achieving institutional decentralization. Rejecting the position of the Chief Rabbinate,she allowed food suppliers to inform consumers of the kashrut standard they implement without using the “kosher” label, thereby achieving brand decentralization. The overall picture is one of mitigating religious coercion while affirming the principle that religion is an important component of Israeli public life.The era of decentralization in matters of religion and state, under the leadership of Chief Justice Naor, opened up new possibilities for the relationship between religion and state, and effectively aired the issues.Breaking monopolies broadens the range of expression and the ways in which religion contributes to our lives. However, decentralization also comes with a potential “price”: it is liable to spark wild competition on sensitive issues which could ultimately erode the Israeli common denominator. Although Naor’s rulings are changing longstanding practices in a particularly explosive arena, her modest demeanor and the matter-of-fact quality of her judicial approach enabled her to navigate the minefield without provoking antagonism. That is a significant achievement in an era of discord.