Israel's High Court of Justice moved today to ban or heavily restrict the so-called "mehadrin" buses. These are the public buses that have, at haredi insistence, enforced gender separation, with women sitting at the back of the bus, men at the front.
Haredi men are known to harass and sometimes physically assault passengers who do not follow the extra strict rules of modesty certain haredi sects follow, and have attacked and beaten women who have refused to cede seats to men.
"Mehadrin" buses often lead to the absurd situation where a pregnant woman pushing a baby carriage and having three or four other young children in tow, is forced to stand at the back of the bus while many seats in the "men's section" are empty.
Early in 2007, a group of five women, including Modern Orthodox novelist Naomi Ragen, filed a petition with the High Court asking for the legality of these buses to determined and for restrictions on their operation if found legal.
Yesterday, the High Court began hearings on the case. The justices were not sympathetic to the haredi cause:
Justices of the High Court of Justice spoke out strongly against the ‘kosher’ bus lines serving the haredi community during deliberations on a petition against them Monday.
The High Court panel, composed of Justice Elyakim Rubenstein, Justice Salem Jubran, and Justice Yoram Dantziger, began its deliberation by noting that “even if haredi lines are allowed to operate, the clothing and gender-separation restrictions in play on them cannot be imposed on people who object to them.”
The justices also noted that a solution to continual harassment problems on these ‘kosher lines’ must also be found, be it by training drivers to defend passengers, or by clearly designating the buses in question as ‘kosher’.…
Justice Rubenstein noted that “it is inconceivable for a driver not to allow a woman on a bus because she is wearing pants and is not dressed modestly enough.” …
The High Court directed the Transportation Ministry to review the claims made by the women petitioners.
The petitioners also asked the court to determine whether "mehadrin" buses are truly a religious necessity. The women also asked the court to protect the rights of passengers who object to "mehadrin" seating, if the court should later rule "mehadrin" buses legal.
The State, for its part, claimed the "mehadrin" buses were "voluntary," and the segregation on them was "voluntary," as well. Therefore, the State claimed, nothing needs to be done to alter the current arrangements.
The petitioners responded to that assertion with shock and indignation, pointing out the many instances of haredi violence against passengers who refused to conform to this "voluntary" segregation.
The court was highly critical of the State's position:
"The Transportation Ministry's position is not sufficiently connected to reality," said [Justice Elyakim] Rubinstein. "Its policy of 'segregation-blindness' is inadequate."
According to the Jerusalem Post:
The court did not rule Monday on the petitioners' request for a show-cause order. It is possible that instead of doing so, it will order the Transportation Ministry to appoint a committee to study the issue. The decision is due to be handed down in the coming days.
All in all, a bad day for haredim.
[Hat Tip: The Beadle.]