Israel is an apartheid state – and its weird marriage laws show us how
Israel is the only country in the world that does not recognise its own nationality. Why? Because a common national identity would sabotage Israel’s carefully veiled system of segregation.
Johnathan Cook, June 30th.
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Israel’s supporters have gone apoplectic over a short post on X from the journalist Mehdi Hasan, highlighting Israel’s peculiar marriage laws.
Hasan asks: “Did you know that you can’t have a civil or secular marriage in Israel?”
He’s not wrong. Israel has banned civil marriage. You can wed only in a ceremony strictly controlled by religious authorities. If you want a civil marriage, you have to travel to another country.
Why, you might reasonably wonder. Isn’t Israel a modern, secular, western-style liberal democracy? After all, that’s what our politicians and media keep telling us.
The most popular rejoinder to Hasan from Israel’s apologists – that the situation is no better in Saudi Arabia – is not quite the flex they seem to imagine. So Israel offers the same human rights protections as Saudi Arabia? Impressive.
Others have pointed out that Israel inherited the so-called “millet” system from the Ottoman empire, which gave the leaders of each confessional group across the Middle East autonomous control over their community’s religious affairs.
Doubtless, 150 years ago the system worked relatively well in reducing communal tensions in religiously diverse parts of a large empire. It prevented officials in Constantinople – modern-day Istanbul – from getting dragged deeply into the day-to-day affairs of its often distant subjects.
But 150 years ago, Britain sent children up chimneys to sweep them. The law was changed around that time to stop this abusive and dangerous practice.
Israel was established nearly eight decades ago, supposedly as a secular, western-style liberal democracy. It has had 78 years to change those archaic Ottoman marriage laws.
Why hasn’t it done so?
All the bluster decrying Hasan’s post is a desperate attempt to deflect attention away from the fact that Israel’s antiquated marriage laws survive because they are useful to Israel.
In fact, they are more than that. They are a core component of Israel’s version of apartheid – a racist system of segregation Israel has successfully shielded from the view of western publics with the help of western politicians and media.
‘Demographic threat’
Israel’s ban on civil marriage is central to its efforts to prevent what past racist societies, such as apartheid South Africa and the American Deep South, termed “miscegenation” – that is, sexual relations between different ethnic groups. You might remember that the Nazis had unpleasant views on this subject too.
Here is the current finance minister, Bezalel Smotrich, opposing miscegenation in 2016:
Preventing assimilation in the Jewish state is completely legitimate and not at all racist. You are assuming as a basis for the discussion that preventing intermarriage is wrong, while ignoring the fact that most [Jewish] girls who go with Arabs are poor girls who are being used.
Former education minister Rafi Peretz called mixed marriages involving Jews a “second Holocaust”.
In Israel, such views are entirely mainstream. In 2018, Yitzhak Herzog, Israel’s current president and the former leader of an ostensible leftwing Israeli party, described mixed marriages among American Jews as a “plague” for which a “solution” had to be found – presumably by copying Israel’s approach.
In Israel, the chief concern is not about marriages between Jews and the Palestinians under occupation – which Israel and its supporters like, bogusly, to present as a straightforward “security” matter.
In the occupied territories, Israel uses far blunter methods than laws to prevent any kind of intimate relations developing between Jews and a captive Palestinian population. It prefers physical containment and violence.
Palestinians under occupation are forcibly separated from Israeli Jews. They are hemmed into their own tightly confined ghettoes by Israel’s network of steel and concrete barriers; by the Israeli army; by checkpoints; by separate, apartheid roads in the West Bank; and by Jewish militias living on stolen lands in so-called “settlements”.
There is little chance of interaction, let alone intermarriage, in such circumstances – except when Israeli soldiers or armed Jewish settlers come rampaging into Palestinian communities to destroy crops, kill livestock, poison wells, torch homes and cars, and beat up – and sometimes kill – the inhabitants.
Nonetheless, there is still a potential vulnerability in Israel’s system of segregation.
In 1948, Israel expelled 80 per cent of the Palestinian population from their homes and lands in an area that was henceforth to be called, not Palestine, but the “Jewish” state of Israel.
A few Palestinians remained, however, inside those borders – mostly from oversight or error. Despite covert efforts by Israel for several years after the 1948 war to force them out of the state, its officials eventually came under international pressure to give these stranded Palestinians citizenship – even if in practice, as we shall see, this conferred on them very inferior rights.
Even today, Israel is extremely worried about a supposed threat from its third-class Palestinian “citizens” – officially termed “Israel’s Arabs”. Given a higher birth rate, their numbers have grown exponentially over eight decades. They now comprise a fifth of Israel’s population.
Israeli journalists, academics and politicians, including prime minister Benjamin Netanyahu, regularly call the country’s Palestinian citizens a “demographic threat”, and endlessly worry about the “Palestinian womb”.
No state of all its citizens
But Israel faces a countervailing pressure. If it makes its treatment of Palestinian citizens too obviously racist and oppressive, some outsiders might start to realise it is not the secular western-style liberal democracy it claims to be.
You will hear the pro-Israel lobby in the West tell you that so-called “Israeli Arabs” have exactly the same rights as Israel’s Jewish population, guaranteed by Israel’s Declaration of Independence. That is not even remotely true.
Adalah, a leading legal rights group in Israel, has a database showing more than 70 laws that explicitly discriminate between Jewish citizens and Palestinian citizens. These laws form the core of Israel’s apartheid system.
Israel’s Basic Laws, a sort of constitution, explicitly exclude any principle of civic equality. Every attempt by a Palestinian party in Israel to get a debate in the parliament on Israel becoming a “state of all its citizens” – that is, a liberal democracy – is barred from discussion. And in 2018 the Israeli government passed a Nation-State Law declaring that Israel belongs to the Jewish people, not to all the citizens who live there.
As with Palestinians under occupation, Israel has almost entirely confined its Palestinian citizens to their own segregated, underfunded, under-resourced communities (townships) on less then 3 per cent of the country’s land.
A small minority of Palestinian citizens inside Israel live in segregated, deprived neighbourhoods of what are misleadingly termed “mixed” cities. Other Palestinian citizens, the most oppressed of all, live in communities inhabited by their families for centuries but which have been criminalised by an Israeli state that refuses to recognise them.
Many hundreds of Jewish rural communities, by contrast, operate effectively as exclusive membership clubs. They have the power to excludePalestinian citizens – a right they take full advantage of.
Separate planning structures ensure massively overcrowded Palestinian communities inside Israel are unable to build new homes and expand. Palestinian children are schooled in a separate and much inferior education system.
For the who wish to dig deeper, I have written a lengthy essay setting out the details of Israel’s apartheid system here.
The ban on civil marriage inside Israel’s borders is not usually cited, even by critics, as an example of its apartheid system of rule. But the ban persists because it is the ideal way to conceal segregation under the veneer of equal treatment.
Israel’s Palestinian citizens must marry in ceremonies conducted by their religious community’s leaders: by Muslim clerics, or by various Christian churches, or by the Druze clergy.
It is the same for Jews in israel. They must be married by an Orthodox rabbi.
So everyone faces the same restrictions. But the point is this: the equality of treatment ensures very unequal outcomes. It is designed that way.
Fascist thugs
Inside Israel, intermarriage is only possible if one party can convert to their partner’s religion.
Israel’s Orthodox rabbinate makes it impossible for Palestinians under occupation to convert to Judaism in Israel, with the head of its conversion authority stating in 2016 that any such applicants are rejected “without review because of their ethnic origin”.
Meanwhile, Israel makes almost as difficult for anyone else considered a non-Jew to convert to Judaism, most especially Palestinian citizens. Over decades, there have been only a handful of such cases.
In practice, this means that in any relationship between a Palestinian citizen of Israel and an Israeli Jew, it almost always falls to the Israeli Jew to convert to the religion of the Palestinian citizen, whether a Muslim, Christian or Druze. That entails the Jewish partner losing their Jewish status and the many consequential privileges inside Israel that derive from that status.
Israel has found this is a much better solution than apartheid South Africa’s, where blacks and whites were explicitly barred by law from marrying. Israel can achieve the same result more quietly.
Given the entirely segregated structure of Israeli society, and the strong social taboos among Israeli Jews on “miscegenation”, the number of intermarriages in Israel between Jews and Palestinian citizens barely reaches double digits each year.
There are even groups like Lehava – Israel’s version of the Ku Klux Klan – that go around beating up Palestinians caught anywhere near Jewish neighbourhoods in Jerusalem and terrorising any young Jewish women suspected of being romantically involved with a Palestinian. Lehava hold noisy and disruptive protests to shame the odd Jewish woman who converts and marries a Palestinian citizen.
All of this happens with a quiet wink from the authorities. The current police minister, Itamar Ben Gvir, has long been a patron of the fascist, Jewish supremacist thugs of Lehava.
In the rare cases of a Jew converting and marrying a Palestinian citizen, the Palestinian partner faces innumerable legal and social obstacles to integrating into a Jewish community they do not belong to.
Instead, the Jewish partner moves to a Palestinian community – an Israeli version of a township like Soweto – and educates their children inside the vastly inferior “Arab” school system. The former Jew loses most of the ethnic privileges they previously enjoyed inside the world’s only “Jewish” state.
Faced with this as their future, such couples often seize the opportunity for neither to convert and instead marry and live abroad.
Jewish ‘nation’
None of these difficulties are accidental. It is exactly how you would expect an apartheid system that prefers to obscure its apartheid character to structure its laws – and thereby help its lobby in the West, including the western political and media class, to claim that Israel is “the only democracy in the Middle East”.
Israel learnt from the mistakes of the old South Africa. It mastered the modern arts of public relations – or at least it did until Benjamin Netanyahu tore up the script by erasing Gaza.
Inside Israel, the apartheid system extends far beyond marriage laws to touch all areas of life.
SubscribedHere is another way Israel has obscured its apartheid system – again not in the occupied territories, but inside Israel itself.
The same system that denies Israelis the possibility of a civil or secular marriage also refuses to recognise that they have any kind of civil or secular identity, simply as Israelis. By law, everyone in Israel must belong to a confessional group: as a Jew, Muslim, Christian or Druze.
Which makes sense of another little-known fact about Israel: Israel is the only country in the world that does not recognise its own – in this case, Israeli – nationality. Why? For the simple reason that, were Israelis to share a common national identity, it would be much harder for the Israeli state to operate its apartheid system.
Israeli nationality exists only as a fiction on Israeli passports to allow the population to travel internationally. Inside Israel, everyone is identified by their confessional group.
In Israel, “Jewish” is treated as a nationality. Remember the 2018 Nation State Law. What it declared is that the state of Israel belongs exclusively to the “nation” of Jews – that is, to every Jew around the globe, not just those living in Israel.
Muslims and Christians are lumped together into a similarly artificial “Arab” nationality, while the Druze have their own, different nationality. The same Nation State Law makes clear that the state of Israel does not belong to these other “nations”, despite their families having lived on the same lands for centuries. Palestinian citizens are nothing more than guests – and unwelcome ones at that.
This segregation carries through to Israel’s ID cards. These cards, which must be carried at all times, used to include a section that expressly showed the “nationality” of each Israeli. But this section attracted uncomfortable scrutiny during a lengthy and ultimately unsuccessful legal battle by a group of dissident Israelis seeking recognition of an Israeli nationality. Officials removed the category from the card. However, Israel’s population register still includes a nationality classification.
In addition to Jew, Arab and Druze, there are more than 120 other categories to deal with all the anomalies. I was just one such anomaly after I married a Palestinian Christian and entered a lengthy and difficult naturalisation process. My nationality was classed as “British”.
Why all this complexity? Why all this unique weirdness?
Because Israel needs to conceal its system of apartheid. The old South Africa simply said: one law for whites and another for blacks.
Israel knows this no longer plays well. So it has devised a convoluted, baffling system that few understand as a way to avoid attracting attention and criticism.
Special Jewish rights
So let’s end with just one example of how Israel’s apartheid system works in practice.
Notionally, Israel confers on all its citizens – Jews, Muslims, Christians, Druze – equal rights as citizens. But with a sleight of hand, it then undermines those equal rights by conferring superior “national” rights on one group only, Jews. If there is a conflict between a citizenship right and a Jewish “national” right, you’ve probably already guessed that the Jewish national right takes precedence.
Education is a good illustration. All Israeli citizens enjoy a right to have their children educated, because education is a citizenship right. But lots of veiled manoeuvres – like extra budgets for National Priority Areas, special subsidies for Jewish religious schools, funding from the diaspora, and bigger tax disbursements from central government for Jewish local authorities – mean Jewish schools are far better funded than “Arab” schools.
Education for Israel’s Palestinian citizens has been underfunded for eight decades. So even though Israel’s apologists will claim the funding gaps are slowly narrowing, the continuing shortfall simply compounds a decades-long historical injustice. Arab schools are so far behind they can never catch up without aggressive additional funding Israel clearly has no intention of ever offering them.
There are massive shortages of classrooms and staff in dilapidated school buildings. Old books are often grossly outdated and poorly translated into Arabic by the state. Palestinian educational leaders have no input into the curriculum the community’s children are taught. There are strict controls by Jewish (usually racist) officials over what can be taught and who can teach. And on top of all this, huge cultural biases in matriculation exams make it far harder for Palestinian citizens to gain entry to universities in Israel.
There are many other problems. For example, nearly one in 10 Palestinian children in Israel live in historic communities built on lands that the Israeli state now wishes to “Judaise” – reserve for the Jewish population – and are therefore denied all recognition.
Treated like criminals, these children rarely have schools in their communities because no permanent buildings are allowed. What buildings there are cannot be connected to the electricity or water grids. Even children of kindergarten age must typically travel long distances – sometimes close to 60 km a day – to get to a licensed school.
The forms of discrimination in education alone are endless. But they do not stop there. The discrimination is replicated in all major facets of life for Israel’s more than 2 million Palestinian citizens through these conceptual and legal contortions over religion, citizenship and nationality.
None of this should be a surprise. It is exactly what you would expect in an apartheid state like Israel.
