upreme Court Hearing on Gender-Separated Prayer in Tel Aviv Stuns Advocates

In a surprising turn during a recent Supreme Court hearing, judges delivered strong criticisms against the Tel Aviv municipality and residents opposing gender-segregated prayer in public spaces. The judges’ unusual intensity left representatives of the city and their supporters taken aback.

Judge Ofer Grosskopf, known for his liberal views, opened the session with pointed remarks that undermined the municipality's position. Judge Yehiel also joined the fray, accusing the municipality of discriminating against the Orthodox community. The backlash from the judges led to a notable silence from the coalition that typically criticizes the Supreme Court.

Historical Context of Gender Separation Rulings
While the Supreme Court has previously ruled that not all forms of gender separation are discriminatory, Judge Grosskopf's current stance aligns with a more stringent interpretation that equates any separation with discrimination. The judges are set to release their reasoning after Yom Kippur, but their past decisions have generally allowed for exceptions to the prohibition of gender segregation.

Judges: Cultural Relevance of Separation
During the hearing, Judge Yechiel highlighted that the Orthodox tradition justifies gender separation in prayer, framing the municipality as the party engaging in discrimination. The court has acknowledged situations where separation is deemed relevant, particularly in contexts where the minority requesting it identifies as disadvantaged.

Criticism of Court's Role in Public Matters
Judge David Mintz remarked that the issue should not have required court intervention, suggesting that the matter is a public value question best resolved outside the judicial system. He argued that the municipality could have embraced a more inclusive approach by organizing a “Kippur festival” that accommodates diverse prayer practices.

Aerial Evidence Presented by Advocates
Lawyers for several Tel Aviv residents provided aerial photographs from a previous Yom Kippur prayer in Dizengoff Square, showing thousands of worshipers with only a small partition between them. This evidence raised questions about the nature of discrimination, as many attendees opted for non-segregated prayer.

A Missed Opportunity for Dialogue
The hearing concluded with a sense that a potential compromise was overlooked, as the municipality focused on opposition rather than finding solutions. As the judges prepare to issue their ruling, the future of gender-separated prayer in Tel Aviv remains uncertain.