Abstract

In Defense of the Law of Return

The author defends the so-called Law of Return, which grants Jews automatic citizenship in Israel. Israel was established as a democratic Jewish state. While reasonable people may differ as to whether it is "too Jewish," or how well it has fulfilled its promise of equal rights for all, few would dispute that the Law of Return is on its face antithetical to the core principles of democracy. Passed on July 5, 1950, two days after the anniversary of Theodor Herzl's death, it guarantees every Jew automatic entrance and immediate citizenship. Members of other ethnic and religious groups may be accepted as immigrants or refugees, but Jews who "make aliyah" instantly acquire the right to vote, receive financial benefits, even run for the Knesset. Since the law privileges Jews and only Jews, its perils are obvious: (1) It codifies a double standard. (2) It nullifies and supersedes legitimate property rights. (3) It serves hegemonic goals. The Jewish right to instant citizenship strikes me as a factually warranted, compensatory response to the truth of Jewish experience. Since being a Jew has been enough in some places to mark one for persecution or death, it should be a ticket to safety at least on one spot on the globe. However--and this is where I part company with many Zionists--Jews should be entitled to no other prerogatives, claims, immunities or indulgences. Put simply, I view the Law of Return as the affirmative action program of the Jewish people.