Most would agree that a democracy is obligated to safeguard the basic rights of its citizens, but it may also promote values (particularly in the domain of the family) even if in so doing it effects a limited infringement of rights. The question is, can we consider the infringements of human rights resulting from the religious monopoly over marriage and divorce in Israel to be reasonable and justified?
There are those who contend that violating human rights is justified by the need to maintain Israel as a Jewish state. Others claim that human rights are being compromised more than necessary and propose various ways to balance the Jewish with the democratic character of the state. These include: establishing a civil route for registering a domestic partnership alongside religious marriages, establishing a uniform civil framework in Israel for marriage and divorce which would recognize a variety of rituals, and interpreting the spirit of Jewish law with a democratic perspective in mind.
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