Women's Prayer Rights At Western Wall Upheld By Jerusalem Court

'Liberated For All Jewish People'
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Members of the liberal religious group Women of the Wall wear phylacteries and 'Tallit' traditional Jewish prayer shawls for men as they sing and pray at the Western Wall in Jerusalem's Old City on April 11, 2013 marking the first day of the Jewish month of Iyar. Five members of the Women of the Wall organisation were detained by police in the midst of the liberal group's monthly prayer at the Western Wall, after covering themselves with a prayer shawl in contradiction to the holy site's custom. AFP PHOTO/GALI TIBBON (Photo credit should read GALI TIBBON/AFP/Getty Images)

By Michele Chabin
Religion News Service

JERUSALEM (RNS) Women who want to wear prayer shawls while praying in the women's section of the Western Wall are not breaking the law, according to a landmark decision handed down Thursday (April 25) by the Jerusalem District Court.

Israeli police arrested five women on April 11 who were dressed in prayer shawls while praying with Women of the Wall, an activist group that prays at Judaism's most sacred site once a month.

Immediately following those arrests, a lower court judge ruled that the women had not violated "local custom," a legal concept intended to keep the fragile peace at holy sites. The Western Wall is a remnant of the Second Temple that was destroyed nearly 2,000 years ago.

Thursday's ruling by the higher court upheld that ruling and rejected an appeal filed by the police, who argued Women of the Wall's practices violate a 2003 Supreme Court decision and disrupt the public order.

Israel's ultra-Orthodox religious establishment has long maintained that the group's practices offend more traditional Jews, who believe only men are allowed to lead group prayers or wear prayer shawls.

Following Thursday's ruling, Anat Hoffman, the group's chairwoman, said that "today, Women of the Wall liberated the Western Wall for all Jewish people. ... We did it for the great diversity of Jews in the world, all of whom deserve to pray according to their belief and custom at the Western Wall."

Shira Pruce, the group's spokeswoman, said the struggle will continue until they see "girls permitted to have a bat mitzvah (coming of age ceremony) at the Wall with a Torah, with a tallit (prayer shawl) , or however they wish and believe."

In a statement, Natan Sharansky, the chairman of the Jewish Agency and a government emissary charged with trying to quell the dispute, said the ruling "only strengthen(s) the need for a sustainable, agreed solution, which will allow every Jew to feel at home at the Western Wall, as the basis for any resolution." Sharansky had recently proposed adding a third egalitarian section that would allow mixed-gender prayers.

A spokesperson for the Justice Ministry told the Times of Israel that it was too soon to comment on a possible appeal by the state prosecutor to the Supreme Court. A police spokesman could not be reached for comment.

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Before You Go

Anat Hoffman and the Women of the Wall
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Anat Hoffman is confronted by Israeli police at the Western Wall. (Photo credit: Michal Fattal/Women of the Wall) (credit:Michal Fattal/Women of the Wall)
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Anat Hoffman arrested at the Western Wall. (Photo credit: Michal Fattal/Women of the Wall) (credit:Michal Fattal/Women of the Wall)
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Anat Hoffman arrested at the Western Wall. (Photo credit: Michal Fattal/Women of the Wall) (credit:Michal Fattal/Women of the Wall)
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The Women of the Wall sing and pray at the Western Wall in July 2010. After taking the Torah out of a duffel bag, a woman, Anat Hoffman, was arrested with much resistance and conflict by IDF soldiers and Kotel Police. Jerusalem, Israel. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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In July 2010, a Torah scroll is ripped from the hands of Anat Hoffman, a leader of the Women of the Wall prayer group. Hoffman was then arrested with much resistance and conflict by IDF soldiers and Kotel Police. Jerusalem, Israel. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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Israeli women of the Women of the Wall group pray at the Western Wall, the holiest site where Jews can pray, in Jerusalem's Old City, Friday, Oct. 28, 2011. Since its founding in 1989, Women of the Wall has fought a legal battle asserting a right to conduct organized prayer at the Western Wall. The group has included women reading from the Torah and wearing prayer accessories that in Orthodox Judaism are used only by men. (AP Photo/Tara Todras-Whitehill) (credit:AP)
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A Jewish man wearing tefillin, a leather strapped box containing Torah scripture, prays in solidarity with the women of the Women of the Wall group, not pictured, as they pray at the Western Wall, the holiest site where Jews can pray, in Jerusalem's Old City, Friday, Oct. 28, 2011. Since its founding in 1989, Women of the Wall has fought a legal battle asserting a right to conduct organized prayer at the Western Wall. The group has included women reading from the Torah and wearing prayer accessories that in Orthodox Judaism are used only by men. (AP Photo/Tara Todras-Whitehill) (credit:AP)
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An ultra-Orthodox Jewish man tries to pray louder than the Israeli women of the Women of the Wall group in an attempt to drown them out, as they pray at the Western Wall, the holiest site where Jews can pray, in Jerusalem's Old City, Friday, Oct. 28, 2011. Since its founding in 1989, Women of the Wall has fought a legal battle asserting a right to conduct organized prayer at the Western Wall. The group has included women reading from the Torah and wearing prayer accessories that in Orthodox Judaism are used only by men. (AP Photo/Tara Todras-Whitehill) (credit:AP)
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Tammy Gottlieb holds the torah at the entrance of the Western Wall on Feb. 2, 2011 while the Women of the Wall pray, sing and dance on the women's side. Women are not allowed to hold a torah at the Western Wall, so a volunteer holds it outside the premises every service. Gottlieb has been attending services and prayer with Women of the Wall for one year, and has volunteered to stand outside with the torah two or three times. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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The Women of the Wall pray in the back-end of the Western Wall on Feb. 2, 2011 to celebrate the first day of the Jewish month of Adar I. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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The Women of the Wall pray in the back-end of the Western Wall to celebrate the first day of the Jewish month Adar I on Feb. 2, 2011. Kotel Police stand near-by incase of an attack against the women or if the women bring out a torah scroll. Among many things, it is against the law for women to read or hold a torah at the Western Wall. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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The Women of the Wall pray and dance in the back-end of the Western Wall on Feb. 2, 2011. Today was the first time the group of women danced in front of the Western Wall. Dancing, loud prayer and singing on the woman's side is looked down upon and often will be broken up by Kotel Police. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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IDF soldiers and Kotel Police follow the Women of the Wall as they walk out of the Western Wall praying area on Feb. 2, 2011. One Orthodox Haredi man yelled out in anger at the woman. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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Cheryl Birkner-Mack, Anat Hoffman and other members and participants of Women of the Wall walk out of the Western Wall praying area. on Feb. 2, 2011 The group is heavily escorted by IDF soldiers and Kotel Police. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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The Women of the Wall hold a services to celebrate the Jewish month of Adar I on Feb. 2, 2011 at the Ophel Archeological Park at the southern tip of the Western Wall. The service is held here because it is illegal for women to hold or read the torah at the actual Western Wall praying area. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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Cheryl Birkner-Mack, left, Sarah Chandler, 31, center, and various members of Women of the Wall hold services at the Ophel Archeological Park at the southern tip of the Western Wall on Feb. 2, 2011. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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A member of the Women of the Wall walks around the outside service with the torah on Feb. 2, 2011, the first day of Adar I, while members lean in to kiss the torah. This type of activity is forbidden for women at the actual Western Wall, so the women hold service in the Ophel Archeological Park at the southern tip of the Western Wall. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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Cheryl Birkner-Mack and another member of Women of the Wall undress and unroll the torah at the Ophel Archeological Park at the southern tip of the Western Wall to celebrate the first day of the Jewish month Adar I on Feb. 2, 2011. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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A woman wearing tefillin and reading a prayer book stands in the Ophel Archeological Park at the southern tip of the Western Wall on Feb. 2, 2011. Women are not allowed to wear tefillin at the Western Wall, so they hold services just outside the gates. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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The Women of the Wall close services at the Ophel Archeological Park at the southern tip of the Western Wall on Feb 2, 2011. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)
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Conservative Rabbi Mijael Even David kisses his prayer book during a Women of the Wall service on Feb. 2, 2011 at the Ophel Archeological Park at the southern tip of the Western Wall. More men are starting to show up to services with the women to show their support and solidarity and to simply attend. (Photo credit: Zachary A. Bennett) (credit:Zachary A. Bennett)