In Defense of the Law of Return

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. In contravention of the Declaration of Independence of 1948, which insures "complete equality of social and political rights to all [of Israel's] inhabitants," the law grants one group a superior legal entitlement, creating a hierarchy of human worth based on religious identity and setting the stage for other asymmetrical privileges.

(2) It nullifies and supersedes legitimate property rights. Jews with no claim to residence (aside from biblical assurances or messianic eschatology) are welcomed with open arms while Palestinians who hold keys to particular homes or deeds to particular property are denied entry.

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