After examining the meaning of the phrase "the values of the State of Israel as a Jewish and democratic state" that appears in the aforementioned Basic Laws, the Court of First Instance ruled that "since we are dealing not only with a law that has a religious but also a national aspect, in my opinion, this law meets both the foundation of the values of the State of Israel as a Jewish state and the value of a democratic state."
The trial court also examined whether the bylaw was intended for a proper purpose, and in this regard it cited the words of the Honorable Justice Berenson in the case of the High Court of Justice 129/57 Menashi v. Minister of the Interior, Municipality of Tel Aviv-Jaffa et al. (hereinafter – the High Court of Justice Menashi [1]), at p. 223, who wrote that:
"The law is aimed first and foremost at satisfying the religious and national feelings of the Jewish population that is faithful to the religious commandments, for which the pig symbol is impurity."
The trial court held that "a significant part of the reasons relating to the previous question [i.e., the question of the compatibility of the law with the values of the State of Israel] are also relevant here... A careful examination of these words will reveal that we are not only dealing with religious feelings, but also with 'national' feelings."
The judge concluded that the purpose of the bylaw is appropriate because "the value of preserving a national symbol such as a flag, an anthem, and even the national symbol that relates to a pig is, to the judicial, a great value..." Therefore, "an examination of social values that have been rooted in the people for many generations must not be harmed only because of one social fluctuation or another... Israel's melting pot... It is an ongoing reactor that requires a long-term view before they come to cancel or change a value that is not only religious but also a national value."
From here, the judge moved on to examine the question of whether the violation of the appellants' rights exceeds what is required and emphasized that "in order to harm a value that has a religious and national aspect and is a very significant symbol in the life of the Jewish people, the person who claims such a violation of such a value must have a high degree of proof to justify the reduction and violation of this value" and added that the Enabling Law authorized the local authority to enact a bylaw that would apply to the entire population of the entire area or a certain part of the local authority. In other words, the basis for the application of the bylaw must be territorial and not personal. It is therefore forbidden to discriminate between parts of the population according to their affiliation, race or religion.