High Court of Justice 41953-07-26 Free Israel v. Knesset - part 28

Judge Yechiel Kasher:

I agree with the result reached by my colleague, the Vice President v.  Solberg, and the main reasons for it.  I would also like to add my voice to the voices of my colleagues, the judges.  D.  Barak-Erez, Y.  Willner andRabbi Ronen, because the most glaring invalidity in the law before us lies in the fact that this law undermines the institution of the rule of law - equality in the enforcement of criminal law.

In summary, my position is that when the legislature leaves in place the criminal prohibition and the sanction prescribed in the law for violating it, and chooses to exempt only a defined group in the population from the application of that sanction, and even more so with a forward-looking view, it is thereby causing an irreconcilable violation of the principle of equality before the law.

I would also like to join the comments of my colleague, Justice A.  Grosskopf, regarding the values of the State of Israel as a Jewish state.

It was decided, as stated in the opinion of Vice President Noam Sohlberg, that Amendment No. 28 to the Defense Service Law is null and void.

Given today, 21 Elul 5786 (03 September 2026).