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	<title>Comments on: I was there</title>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1431056</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Thu, 24 Dec 2009 10:35:51 +0000</pubDate>
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		<description>Izabella, I don&#039;t take issue with your point-of-view. I take issue with the undeniably incorrect premises (socially, historically and theologically) you base your point-of-view on.

Your &quot;listening to anyone&quot; obviously means everybody should adopt your assumptions about the historicity of theology in rite and dogma, which doesn&#039;t hold true. No matter how often you repeat an untruth doesn&#039;t make it a truth. 

Don&#039;t forget your songbook on your way out.</description>
		<content:encoded><![CDATA[<p>Izabella, I don&#8217;t take issue with your point-of-view. I take issue with the undeniably incorrect premises (socially, historically and theologically) you base your point-of-view on.</p>
<p>Your &#8220;listening to anyone&#8221; obviously means everybody should adopt your assumptions about the historicity of theology in rite and dogma, which doesn&#8217;t hold true. No matter how often you repeat an untruth doesn&#8217;t make it a truth. </p>
<p>Don&#8217;t forget your songbook on your way out.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1430591</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Thu, 24 Dec 2009 00:21:36 +0000</pubDate>
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		<description>its like debating the molecular structure of a carrot cake...interesting perhaps, but it will still taste the same and at the end of the day it will still be a carrot cake...</description>
		<content:encoded><![CDATA[<p>its like debating the molecular structure of a carrot cake&#8230;interesting perhaps, but it will still taste the same and at the end of the day it will still be a carrot cake&#8230;</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1430587</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Thu, 24 Dec 2009 00:10:52 +0000</pubDate>
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		<description>Like i said..am not interested in stroking your intellectual ego...you are determined not to see my point of view so this is pointless debate where everyone is just talking at each other and no one is actually listening to anyone...</description>
		<content:encoded><![CDATA[<p>Like i said..am not interested in stroking your intellectual ego&#8230;you are determined not to see my point of view so this is pointless debate where everyone is just talking at each other and no one is actually listening to anyone&#8230;</p>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1421001</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Tue, 15 Dec 2009 17:14:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1421001</guid>
		<description>Ah, CK, you still said what I said as well. A supreme court can rule a law unconstitutional. You may consider the end-result a law, but it isn&#039;t. You&#039;re calling the horse by a name it doesn&#039;t answer to. :) Legislative tasks are different from those of the judiciary - for good reason. As far as I can tell, the Israeli supreme court didn&#039;t even rule anything unconstitutional here; it did not return a law for revision by the legislative but basically only just advised / mediated between conflicting interests. So there&#039;s no conclusion applicable to all unless Israeli legislative would pass a bill into law that would rule men and women to have different rights. As egalitarianism is a Human Right, any democratic Supreme Court should be scared to even consider to boldly restrict the rights of either gender. (As I said above, the religious feelings of Orthodox Jewish males praying at the Kotel are just as valid to me as those of women wishing to read from the Torah there.) But the Kotel remains public property, so common law must apply to its &quot;use&quot;. If the judiciary starts creating laws, then the democratic system of division of powers is failing no matter how much you, I or anybody would agree with the results of that failure.
The only actual questions are how much Haredi influence the state of Israel can handle, how to properly strike a balance between all conflicting interests, what the political status of Israel is, how executive forces should respond to non-violent issues of religious nature, and theologically, whether a woman that wants to publicly read from the Torah can be Orthodox.   

How do I love thee?
Let me count the ways...

Izabella, you still don&#039;t seem to get that what you call a historical tradition is not one. When the Temple was still in existence, people didn&#039;t pray at that very spot. (I think Middle mentioned this above.) Jews have officially only be able to access that area and conduct their prayers in the current fashion for a relatively short time in recent history. Even the clergy that was in charge during the Temple days was replaced by a newer system of Jewish clergy.
You base your analogies on parallels in Catholicism yet you appear to know little about the practices and even less about the strictly outlined regulations there. It has got nothing to do with intellectuality, but if you try challenging my ideas based on incorrect assumptions about theologies, the history of dogma and rite, flawed analogies and faulty logics and take poor attempts at acting condescending at that, don&#039;t be surprised if I respond in a factual manner. Half-knowledge is the most dangerous kind of knowledge.
FYI, gender egalitarianism in Judaism is older than the Orthodox movement. It is one of the reasons the Orthodox movement came into being as a reactionary counter-movement to what they considered too progressive.</description>
		<content:encoded><![CDATA[<p>Ah, CK, you still said what I said as well. A supreme court can rule a law unconstitutional. You may consider the end-result a law, but it isn&#8217;t. You&#8217;re calling the horse by a name it doesn&#8217;t answer to. <img src='http://www.jewlicious.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  Legislative tasks are different from those of the judiciary &#8211; for good reason. As far as I can tell, the Israeli supreme court didn&#8217;t even rule anything unconstitutional here; it did not return a law for revision by the legislative but basically only just advised / mediated between conflicting interests. So there&#8217;s no conclusion applicable to all unless Israeli legislative would pass a bill into law that would rule men and women to have different rights. As egalitarianism is a Human Right, any democratic Supreme Court should be scared to even consider to boldly restrict the rights of either gender. (As I said above, the religious feelings of Orthodox Jewish males praying at the Kotel are just as valid to me as those of women wishing to read from the Torah there.) But the Kotel remains public property, so common law must apply to its &#8220;use&#8221;. If the judiciary starts creating laws, then the democratic system of division of powers is failing no matter how much you, I or anybody would agree with the results of that failure.<br />
The only actual questions are how much Haredi influence the state of Israel can handle, how to properly strike a balance between all conflicting interests, what the political status of Israel is, how executive forces should respond to non-violent issues of religious nature, and theologically, whether a woman that wants to publicly read from the Torah can be Orthodox.   </p>
<p>How do I love thee?<br />
Let me count the ways&#8230;</p>
<p>Izabella, you still don&#8217;t seem to get that what you call a historical tradition is not one. When the Temple was still in existence, people didn&#8217;t pray at that very spot. (I think Middle mentioned this above.) Jews have officially only be able to access that area and conduct their prayers in the current fashion for a relatively short time in recent history. Even the clergy that was in charge during the Temple days was replaced by a newer system of Jewish clergy.<br />
You base your analogies on parallels in Catholicism yet you appear to know little about the practices and even less about the strictly outlined regulations there. It has got nothing to do with intellectuality, but if you try challenging my ideas based on incorrect assumptions about theologies, the history of dogma and rite, flawed analogies and faulty logics and take poor attempts at acting condescending at that, don&#8217;t be surprised if I respond in a factual manner. Half-knowledge is the most dangerous kind of knowledge.<br />
FYI, gender egalitarianism in Judaism is older than the Orthodox movement. It is one of the reasons the Orthodox movement came into being as a reactionary counter-movement to what they considered too progressive.</p>
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		<title>By: ck</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420643</link>
		<dc:creator>ck</dc:creator>
		<pubDate>Tue, 15 Dec 2009 09:18:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420643</guid>
		<description>froylein wrote: &quot;Actually, CK, you’re just elaborating on what I explained above.&quot; No I&#039;m not. I was completely contradicting what you wrote. When a Supreme Court in Canada, the United States or Israel rules a law to be unconstitutional, that law is no longer in effect. Period. The legislature may attempt to draft another modified law that can pass judicial review, or it can do nothing. So in the case of say Roe v Wade, the Texas law preventing women from getting abortions was overthrown and the entire nation was put on notice that any laws, past, present or future, that violate a woman&#039;s 14th Amendment right to privacy in seeking an abortion would no longer be enforceable. This decision is subject to future judicial review and as the Supreme Court in recent decades became more and more conservative because of successive Republican appointments, one of the concerns was always how this would affect key decisions like Roe v Wade.

But please make no mistake, such decisions have the force of law. They are Law. You wrote &quot;And since you know a thing or two about law, I’m confident that you know that a precedent is always only a model interpretation of the law and not the law as such and that there have been cases where precedents were overthrown by newer precedents...&quot; Uhm, laws, as in legislative decrees, get repealed and modified all the time as well. That means absolutely nothing and does not in any way mitigate the legal force of judicial decisions.

Finally, despite the fact that the case involved one private party, namely the WOW, the conclusions are applicable to all given that it&#039;s the Supreme Court. With all due respect to your amorphous Political Science Faculty, they&#039;re either wrong or you misunderstood what they said.

Oh and you didn&#039;t say at all whether you still loved me or not. I for one fearlessly declare my public devotion to you.</description>
		<content:encoded><![CDATA[<p>froylein wrote: &#8220;Actually, CK, you’re just elaborating on what I explained above.&#8221; No I&#8217;m not. I was completely contradicting what you wrote. When a Supreme Court in Canada, the United States or Israel rules a law to be unconstitutional, that law is no longer in effect. Period. The legislature may attempt to draft another modified law that can pass judicial review, or it can do nothing. So in the case of say Roe v Wade, the Texas law preventing women from getting abortions was overthrown and the entire nation was put on notice that any laws, past, present or future, that violate a woman&#8217;s 14th Amendment right to privacy in seeking an abortion would no longer be enforceable. This decision is subject to future judicial review and as the Supreme Court in recent decades became more and more conservative because of successive Republican appointments, one of the concerns was always how this would affect key decisions like Roe v Wade.</p>
<p>But please make no mistake, such decisions have the force of law. They are Law. You wrote &#8220;And since you know a thing or two about law, I’m confident that you know that a precedent is always only a model interpretation of the law and not the law as such and that there have been cases where precedents were overthrown by newer precedents&#8230;&#8221; Uhm, laws, as in legislative decrees, get repealed and modified all the time as well. That means absolutely nothing and does not in any way mitigate the legal force of judicial decisions.</p>
<p>Finally, despite the fact that the case involved one private party, namely the WOW, the conclusions are applicable to all given that it&#8217;s the Supreme Court. With all due respect to your amorphous Political Science Faculty, they&#8217;re either wrong or you misunderstood what they said.</p>
<p>Oh and you didn&#8217;t say at all whether you still loved me or not. I for one fearlessly declare my public devotion to you.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420581</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Tue, 15 Dec 2009 07:42:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420581</guid>
		<description>my assumption is nothing of the sort..as i said previously..it is a symbol of that time and tradtion,it doesn&#039;t matter what you decide to call it, it is the established tradtion of the place that is the point in question, before orthodox this would not even have been an issue because there would not have been any need for an orthodox movement..it is a matter of people&#039;s established customs and norms and what is appropriate in places of religious significance...my anaolgies are not at all flawed...they are just focusing on different aspects which you just plain don&#039;t like...perhaps because they hit a note....i do happen to live in a democracy and i know that if someone is disturbing the peace that they would be escorted off the premises if someone felt offended enough to put in a complaint, don&#039;t need a diploma to tell me that...furthermore..even going by your logic of only 300 years it is a lot longer than the short time that the WOW have existed and as such deserves respect and consideration...Canonical law?...good grief!..i am talking about simple human values here, no need to get overly technical...i am sorry my logic fails your exacting standards...i didnt realise this was such an exclusive post..i will bother your pages no more...enjoy basking in the light of highly intelligent people and stroking your ego...</description>
		<content:encoded><![CDATA[<p>my assumption is nothing of the sort..as i said previously..it is a symbol of that time and tradtion,it doesn&#8217;t matter what you decide to call it, it is the established tradtion of the place that is the point in question, before orthodox this would not even have been an issue because there would not have been any need for an orthodox movement..it is a matter of people&#8217;s established customs and norms and what is appropriate in places of religious significance&#8230;my anaolgies are not at all flawed&#8230;they are just focusing on different aspects which you just plain don&#8217;t like&#8230;perhaps because they hit a note&#8230;.i do happen to live in a democracy and i know that if someone is disturbing the peace that they would be escorted off the premises if someone felt offended enough to put in a complaint, don&#8217;t need a diploma to tell me that&#8230;furthermore..even going by your logic of only 300 years it is a lot longer than the short time that the WOW have existed and as such deserves respect and consideration&#8230;Canonical law?&#8230;good grief!..i am talking about simple human values here, no need to get overly technical&#8230;i am sorry my logic fails your exacting standards&#8230;i didnt realise this was such an exclusive post..i will bother your pages no more&#8230;enjoy basking in the light of highly intelligent people and stroking your ego&#8230;</p>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420512</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Tue, 15 Dec 2009 05:09:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420512</guid>
		<description>Actually, CK, you&#039;re just elaborating on what I explained above. The juidiciary doesn&#039;t make the laws but can declare certain laws unconstitutional and hence return them for possible revision by the legislative. The Israeli supreme court could only have overturned an unconstitutional law in this case if the Israeli constitutio did not know equal rights for men and women. So they did only just preside over an agreement between two parties, nothing more.
And since you know a thing or two about law, I&#039;m confident that you know that a precedent is always only a model interpretation of the law and not the law as such and that there have been cases where precedents were overthrown by newer precedents or precedents created alongside other precedents in conflict with earlier rulings to the eye but addressing the vital differences in the details, etc.
Since my studies only just included one semester of studying about the US political system and all my factual literature on it, I suppose, cannot be trusted cause you know how those academic folks are that write books (a claim I&#039;ve frequently dealt with before), I asked our political science faculty, and they said I&#039;m right on all accounts. If a judiciary starts creating laws, the system of checks-and-balances is dysfunctional and the democracy is instable.

Izabella, in democracies, the state has got to abide by democratic rules. It was the state&#039;s executive here the role of which was questioned. Also, in a democracy, certain rights granted in a democracy also apply to families. Another point you keep missing is that the Kotel is public property, therefore does not belong to any specific religious group and common law must be the premise upon which decisions regarding the Kotel must be taken. If I started blocking a public road claiming that is what my ancestors used to do, police would remove me regardless of whether my claim was right or wrong. If it&#039;s up to a clergy to decide upon the normative treatment of public property, public conduct etc., then that&#039;s called a theocracy.

Keep your alphabet song and your condescension to yourself. Your logics has shown to be so flawed that it&#039;s not even amusing. Also, your initial assumption which you base your entire argument on is that the Temple was built by Orthodox Jews. This is definitely and non-arguably incorrect as the Orthodox movement has only been around for less than 300 years. 
Besides, your assumptions regarding Canonic law (the law of the Roman Catholic Church as laid out in the Codex Iuris Canonici) and its execution are also pretty off base just as your analogies are. The police of a democratic state would not remove somebody from a service at a Catholic Church on grounds of that person singing charismatic songs or being dressed like a Roman Catholic priest. Cases of where the Church pressed charges against people who had disrupted a religious service have always been way more severe than that, and those were violent intruders into somebody else&#039;s religious service and never groups among themselves and on their own performing a service not in conflict with Canonic law yet not part of common custom.
There is a world of a difference in that.</description>
		<content:encoded><![CDATA[<p>Actually, CK, you&#8217;re just elaborating on what I explained above. The juidiciary doesn&#8217;t make the laws but can declare certain laws unconstitutional and hence return them for possible revision by the legislative. The Israeli supreme court could only have overturned an unconstitutional law in this case if the Israeli constitutio did not know equal rights for men and women. So they did only just preside over an agreement between two parties, nothing more.<br />
And since you know a thing or two about law, I&#8217;m confident that you know that a precedent is always only a model interpretation of the law and not the law as such and that there have been cases where precedents were overthrown by newer precedents or precedents created alongside other precedents in conflict with earlier rulings to the eye but addressing the vital differences in the details, etc.<br />
Since my studies only just included one semester of studying about the US political system and all my factual literature on it, I suppose, cannot be trusted cause you know how those academic folks are that write books (a claim I&#8217;ve frequently dealt with before), I asked our political science faculty, and they said I&#8217;m right on all accounts. If a judiciary starts creating laws, the system of checks-and-balances is dysfunctional and the democracy is instable.</p>
<p>Izabella, in democracies, the state has got to abide by democratic rules. It was the state&#8217;s executive here the role of which was questioned. Also, in a democracy, certain rights granted in a democracy also apply to families. Another point you keep missing is that the Kotel is public property, therefore does not belong to any specific religious group and common law must be the premise upon which decisions regarding the Kotel must be taken. If I started blocking a public road claiming that is what my ancestors used to do, police would remove me regardless of whether my claim was right or wrong. If it&#8217;s up to a clergy to decide upon the normative treatment of public property, public conduct etc., then that&#8217;s called a theocracy.</p>
<p>Keep your alphabet song and your condescension to yourself. Your logics has shown to be so flawed that it&#8217;s not even amusing. Also, your initial assumption which you base your entire argument on is that the Temple was built by Orthodox Jews. This is definitely and non-arguably incorrect as the Orthodox movement has only been around for less than 300 years.<br />
Besides, your assumptions regarding Canonic law (the law of the Roman Catholic Church as laid out in the Codex Iuris Canonici) and its execution are also pretty off base just as your analogies are. The police of a democratic state would not remove somebody from a service at a Catholic Church on grounds of that person singing charismatic songs or being dressed like a Roman Catholic priest. Cases of where the Church pressed charges against people who had disrupted a religious service have always been way more severe than that, and those were violent intruders into somebody else&#8217;s religious service and never groups among themselves and on their own performing a service not in conflict with Canonic law yet not part of common custom.<br />
There is a world of a difference in that.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420479</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Tue, 15 Dec 2009 04:05:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420479</guid>
		<description>well..seeing as i am so uneducated and cannot string these big words together let me put it another way..

within a democracy you have families which do not function on democratic values...there are those who maybe have tried this experiment with this concept with varying success, but the results are debatable and for the most part we still refer to our parents as mum and dad and they still get the final say. Within democratic societies there are also religious groups and organisations which don&#039;t necessarily function as democracies...within democratic societies there are still cultural norms and traditions which for the most part are upheld by the majority...

...the wall is what remains of the old and the customs of another era and as such it represents those customs, if the women of WOW are trying to abolish those customs or alter them, so be it, but what are they doing at a place which represents the very values they find so abbhorent? Do the people who want to uphold those customs not deserve the same respect as any other religion, such as Islam which currently has a monopoly of the Temple Mount (also within a democracy though maybe disputed) In fact some progressive and modern Jews celebrate the fact that it is no longer standing and i have even heard comments to the effect of &quot;I hope the ugly thing never gets re-built&quot;  

It is up to the clerics and Rabbis to establish the norms of religious practice, just as it is up to a mother and father to establish rules within a home. If people wish to change those norms then they should work through these channels. Perhaps the WOW will be more effective and less contravertial if they stormed these meetings which i believe are held from time to time to discuss aspects of worship and Rabbinic Law. How is it helping anyone to stand there offending people who have been brought up to believe that for a woman to wear a tallit is a disgrace and perhaps even punishable by excommunication? (forgive me but i am not clear on matters of rabbinic law)

Of course there have been cases of children sueing or divorcing their parents, but generally these people are frowned upon by the wider community except in cases of gross negligence...

the other way is for the WOW to start their own synagogue with its new traditions and build a history of its own making and based on its own merits...perhaps they will usher in the Moshiah and be the founders of the Third temple..though i can&#039;t imagine them agreeing to animal sacrifice...

anyway..thats about it from my limited perspective...i can always recite the Alphabet song for your pleasure in my next post if that will make you happy.. :-P</description>
		<content:encoded><![CDATA[<p>well..seeing as i am so uneducated and cannot string these big words together let me put it another way..</p>
<p>within a democracy you have families which do not function on democratic values&#8230;there are those who maybe have tried this experiment with this concept with varying success, but the results are debatable and for the most part we still refer to our parents as mum and dad and they still get the final say. Within democratic societies there are also religious groups and organisations which don&#8217;t necessarily function as democracies&#8230;within democratic societies there are still cultural norms and traditions which for the most part are upheld by the majority&#8230;</p>
<p>&#8230;the wall is what remains of the old and the customs of another era and as such it represents those customs, if the women of WOW are trying to abolish those customs or alter them, so be it, but what are they doing at a place which represents the very values they find so abbhorent? Do the people who want to uphold those customs not deserve the same respect as any other religion, such as Islam which currently has a monopoly of the Temple Mount (also within a democracy though maybe disputed) In fact some progressive and modern Jews celebrate the fact that it is no longer standing and i have even heard comments to the effect of &#8220;I hope the ugly thing never gets re-built&#8221;  </p>
<p>It is up to the clerics and Rabbis to establish the norms of religious practice, just as it is up to a mother and father to establish rules within a home. If people wish to change those norms then they should work through these channels. Perhaps the WOW will be more effective and less contravertial if they stormed these meetings which i believe are held from time to time to discuss aspects of worship and Rabbinic Law. How is it helping anyone to stand there offending people who have been brought up to believe that for a woman to wear a tallit is a disgrace and perhaps even punishable by excommunication? (forgive me but i am not clear on matters of rabbinic law)</p>
<p>Of course there have been cases of children sueing or divorcing their parents, but generally these people are frowned upon by the wider community except in cases of gross negligence&#8230;</p>
<p>the other way is for the WOW to start their own synagogue with its new traditions and build a history of its own making and based on its own merits&#8230;perhaps they will usher in the Moshiah and be the founders of the Third temple..though i can&#8217;t imagine them agreeing to animal sacrifice&#8230;</p>
<p>anyway..thats about it from my limited perspective&#8230;i can always recite the Alphabet song for your pleasure in my next post if that will make you happy.. <img src='http://www.jewlicious.com/wp-includes/images/smilies/icon_razz.gif' alt=':-P' class='wp-smiley' /> </p>
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		<title>By: ck</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420342</link>
		<dc:creator>ck</dc:creator>
		<pubDate>Tue, 15 Dec 2009 00:52:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420342</guid>
		<description>froylein, no offense but you&#039;re arguing with a dude who knows a thing or two about law and basically you&#039;re dead wrong. First of all, the judiciary does not function the same way in every country. It has nothing to do with democracy at all. In common law countries, precedent created by courts IS the law. Literally. Both the judiciary and the legislature are subject to the constitution but the final arbiter of constitutionality is the Supreme Court. 

In the United States in Roe v. Wade, a Texas law forbidding the granting of assistance to women seeking abortions was overturned by the Supreme Court because it was considered in violation of the 14th Amendment which was interpreted as granting a right to privacy and thus a woman&#039;s right to choose. As you can see, the decision was occasioned by a case where a woman got pregnant and sought an abortion in Texas where abortions, except in the case of rape or incest, were illegal. Norma L. McCorvey (aka &quot;Jane Roe&quot;) sued the State of Texas (represented by Dallas County District Attorney Henry Wade). The case set a new precedent and thus applies across the United States.

This is just one case that took place in a Democratic country. So what do we learn? Courts in a Democracy can overturn legislation that is deemed unconstitutional. Decisions by a court in such matters are universally applicable to all until such time as another court overturns the decision or the legislature passes a law that overturns the decision and passes constitutional muster and/or Judicial review.

The Israeli Supreme Court&#039;s decision regarding the Kotel does not apply merely to one or two individual groups who happened to be a party to the initial case. It applies to all. Furthermore, no matter how you feel about judicial activism, the Supreme Court&#039;s role in making such a decision was well within the scope of Democratic behavior and not even remotely exceptional or unprecedented within a Democratic context.

Your declarations about the law in this case are extremely inaccurate, both in general and specifically how it applies in Israel. I would strongly urge you to at least read a basic text on the role of the judiciary in a Democracy before making such totally erroneous declarations in the future.

That having been said, even my comments are an extreme oversimplification of the issues relating to judicial review and the role of a Supreme Court. But you&#039;re still very, very wrong.

I hope you still love me though... because I still love you!</description>
		<content:encoded><![CDATA[<p>froylein, no offense but you&#8217;re arguing with a dude who knows a thing or two about law and basically you&#8217;re dead wrong. First of all, the judiciary does not function the same way in every country. It has nothing to do with democracy at all. In common law countries, precedent created by courts IS the law. Literally. Both the judiciary and the legislature are subject to the constitution but the final arbiter of constitutionality is the Supreme Court. </p>
<p>In the United States in Roe v. Wade, a Texas law forbidding the granting of assistance to women seeking abortions was overturned by the Supreme Court because it was considered in violation of the 14th Amendment which was interpreted as granting a right to privacy and thus a woman&#8217;s right to choose. As you can see, the decision was occasioned by a case where a woman got pregnant and sought an abortion in Texas where abortions, except in the case of rape or incest, were illegal. Norma L. McCorvey (aka &#8220;Jane Roe&#8221;) sued the State of Texas (represented by Dallas County District Attorney Henry Wade). The case set a new precedent and thus applies across the United States.</p>
<p>This is just one case that took place in a Democratic country. So what do we learn? Courts in a Democracy can overturn legislation that is deemed unconstitutional. Decisions by a court in such matters are universally applicable to all until such time as another court overturns the decision or the legislature passes a law that overturns the decision and passes constitutional muster and/or Judicial review.</p>
<p>The Israeli Supreme Court&#8217;s decision regarding the Kotel does not apply merely to one or two individual groups who happened to be a party to the initial case. It applies to all. Furthermore, no matter how you feel about judicial activism, the Supreme Court&#8217;s role in making such a decision was well within the scope of Democratic behavior and not even remotely exceptional or unprecedented within a Democratic context.</p>
<p>Your declarations about the law in this case are extremely inaccurate, both in general and specifically how it applies in Israel. I would strongly urge you to at least read a basic text on the role of the judiciary in a Democracy before making such totally erroneous declarations in the future.</p>
<p>That having been said, even my comments are an extreme oversimplification of the issues relating to judicial review and the role of a Supreme Court. But you&#8217;re still very, very wrong.</p>
<p>I hope you still love me though&#8230; because I still love you!</p>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1420146</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Mon, 14 Dec 2009 22:06:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1420146</guid>
		<description>CK, to be more specific, supreme courts don&#039;t exactly make laws; they can return them to the legislative for revision. That&#039;s at least how it works in democracies. The supreme court in this case apparently presided over an agreement between two groups only one of which is part of the current dispute and therefore is not tied to the agreement between the two other parties. I don&#039;t say the WoW shouldn&#039;t have stuck to this agreement, but there is no apparent reason either why they had to.

Izabella, you don&#039;t seem to get the difference between a democracy and a theocracy. The Vatican, FYI, is an electoral monarchy.</description>
		<content:encoded><![CDATA[<p>CK, to be more specific, supreme courts don&#8217;t exactly make laws; they can return them to the legislative for revision. That&#8217;s at least how it works in democracies. The supreme court in this case apparently presided over an agreement between two groups only one of which is part of the current dispute and therefore is not tied to the agreement between the two other parties. I don&#8217;t say the WoW shouldn&#8217;t have stuck to this agreement, but there is no apparent reason either why they had to.</p>
<p>Izabella, you don&#8217;t seem to get the difference between a democracy and a theocracy. The Vatican, FYI, is an electoral monarchy.</p>
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		<title>By: ck</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419687</link>
		<dc:creator>ck</dc:creator>
		<pubDate>Mon, 14 Dec 2009 09:32:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419687</guid>
		<description>Go to the Women of the Wall&#039;s Wikipedia page. What do I look like? Google??

As for the women&#039;s section, you should see the Kotel on Shabbat and Chagim... even with 70% of the area in front of the wall allotted to them, Men are regularly packed in there just like sardines. Now I have noticed that the mechitzah is not set in concrete. In other words it can be moved. In fact I&#039;ve seen them move it. There should be no reason not to move it further into the men&#039;s section at off peak times so that the women can be more comfortable.</description>
		<content:encoded><![CDATA[<p>Go to the Women of the Wall&#8217;s Wikipedia page. What do I look like? Google??</p>
<p>As for the women&#8217;s section, you should see the Kotel on Shabbat and Chagim&#8230; even with 70% of the area in front of the wall allotted to them, Men are regularly packed in there just like sardines. Now I have noticed that the mechitzah is not set in concrete. In other words it can be moved. In fact I&#8217;ve seen them move it. There should be no reason not to move it further into the men&#8217;s section at off peak times so that the women can be more comfortable.</p>
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		<title>By: themiddle</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419679</link>
		<dc:creator>themiddle</dc:creator>
		<pubDate>Mon, 14 Dec 2009 09:22:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419679</guid>
		<description>I&#039;ve been to the Kotel a number of times when the women&#039;s section was teeming with people and the men&#039;s was mostly empty. 

Or maybe it just appeared that way because the women had 30% of the space the men had.

Do you have a link to the Israeli High Court ruling on this issue? I&#039;d like to see it first-hand.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been to the Kotel a number of times when the women&#8217;s section was teeming with people and the men&#8217;s was mostly empty. </p>
<p>Or maybe it just appeared that way because the women had 30% of the space the men had.</p>
<p>Do you have a link to the Israeli High Court ruling on this issue? I&#8217;d like to see it first-hand.</p>
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		<title>By: ck</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419669</link>
		<dc:creator>ck</dc:creator>
		<pubDate>Mon, 14 Dec 2009 09:08:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419669</guid>
		<description>froylein: Not a law?? A Supreme Court decision in Israel is indeed a law. It&#039;s like saying that Roe v Wade or Brown v Board of Education in the US are not laws. The Supreme Court of Israel&#039;s decision regarding the allocation of the South Kotel for use by non-Orthodox minyanim is indeed a law that is fully enforceable. Furthermore in Israel, like in many other countries (say, Canada for instance), Supreme Court decisions can overturn legislation that is found to be unconstitutional. That&#039;s the role of the Supreme Court - to enforce fundamental principles of justice, even against the will of the electorate and its representatives. That&#039;s not the case here of course and no Knesset in over 20 years has sought to overturn or alter the Supreme Court&#039;s Solomonic decision.

Furthermore, Judaism has not dispensed with either capital punishment or animal sacrifice. Capital punishment can still be dispensed by a duly constituted and recognized Sanhedrin - though it should be noted that even when we had such, capital punishment was rarely administered - and animal sacrifices will resume with the re-dedication of a third temple.

TM: The allocation of prayer spaces at the Kotel was determined by the Supreme Court. Not by dudes in the garb of 17th century Polish nobility. The vast majority of worship in Israel is done in places with a mechitzah and, I hate to say it but egalitarianism is not a religious Jewish value. I understand that for most Jews in America, more egalitarian forms of worship are the norm, but then again, most Jews in America rarely attend a Jewish religious ceremony in any kind of synagogue.

The Supreme Court&#039;s decision in the case of the Kotel attempted to strike a balance of interests between traditional and progressive Jews and it has stood unmolested for over 20 years. I appreciate the WOW&#039;s desire to push envelopes but... I would have recommended a different approach. For instance, if what is sought is more space for women to pray in, all women need to do is descend upon the Touristy Kotel every day in such massive numbers that the civil authorities would have no choice but to expand the area allocated to them. If more egalitarian worship is indeed the norm, then all egalitarian minded people need to do is to physically take control of the Touristy Kotel. Don&#039;t just worship there occasionally - worship there every day in massive numbers. Forty women worshiping in the Temple Plaza once a month are easy to dismiss - 400 three times a day however, not as easy to dismiss and 4000 on rosh chodesh, now that would be something. As is, the Supreme Court&#039;s decision took into account the uh... facts on the ground, modes of usage and various interests involved and to date I see no reason to make more significant alterations (though they should really give the women more room). I look forward to the day when these facts are significantly altered.</description>
		<content:encoded><![CDATA[<p>froylein: Not a law?? A Supreme Court decision in Israel is indeed a law. It&#8217;s like saying that Roe v Wade or Brown v Board of Education in the US are not laws. The Supreme Court of Israel&#8217;s decision regarding the allocation of the South Kotel for use by non-Orthodox minyanim is indeed a law that is fully enforceable. Furthermore in Israel, like in many other countries (say, Canada for instance), Supreme Court decisions can overturn legislation that is found to be unconstitutional. That&#8217;s the role of the Supreme Court &#8211; to enforce fundamental principles of justice, even against the will of the electorate and its representatives. That&#8217;s not the case here of course and no Knesset in over 20 years has sought to overturn or alter the Supreme Court&#8217;s Solomonic decision.</p>
<p>Furthermore, Judaism has not dispensed with either capital punishment or animal sacrifice. Capital punishment can still be dispensed by a duly constituted and recognized Sanhedrin &#8211; though it should be noted that even when we had such, capital punishment was rarely administered &#8211; and animal sacrifices will resume with the re-dedication of a third temple.</p>
<p>TM: The allocation of prayer spaces at the Kotel was determined by the Supreme Court. Not by dudes in the garb of 17th century Polish nobility. The vast majority of worship in Israel is done in places with a mechitzah and, I hate to say it but egalitarianism is not a religious Jewish value. I understand that for most Jews in America, more egalitarian forms of worship are the norm, but then again, most Jews in America rarely attend a Jewish religious ceremony in any kind of synagogue.</p>
<p>The Supreme Court&#8217;s decision in the case of the Kotel attempted to strike a balance of interests between traditional and progressive Jews and it has stood unmolested for over 20 years. I appreciate the WOW&#8217;s desire to push envelopes but&#8230; I would have recommended a different approach. For instance, if what is sought is more space for women to pray in, all women need to do is descend upon the Touristy Kotel every day in such massive numbers that the civil authorities would have no choice but to expand the area allocated to them. If more egalitarian worship is indeed the norm, then all egalitarian minded people need to do is to physically take control of the Touristy Kotel. Don&#8217;t just worship there occasionally &#8211; worship there every day in massive numbers. Forty women worshiping in the Temple Plaza once a month are easy to dismiss &#8211; 400 three times a day however, not as easy to dismiss and 4000 on rosh chodesh, now that would be something. As is, the Supreme Court&#8217;s decision took into account the uh&#8230; facts on the ground, modes of usage and various interests involved and to date I see no reason to make more significant alterations (though they should really give the women more room). I look forward to the day when these facts are significantly altered.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419537</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Mon, 14 Dec 2009 06:04:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419537</guid>
		<description>its also not a law to have sex in front of your grandma but its not something you would do out of consideration for her ticker...in any case...i will leave you to your beliefs...this argument can go round and round with neither side seeing the others point of view...Religion is not a democracy and peoples beliefs are a touchy subject..to an orthodox Jew seeing a woman wearing a tallit is probably akin to seeing a bikini clad woman enter the vatican and you can&#039;t deny that for thousands of years this has been the norm. I do think its a case of a minority trying to force a change on the majority..not it temrs of the whole of the Israeli population but in terms of the population of users who go there for religious reasons.</description>
		<content:encoded><![CDATA[<p>its also not a law to have sex in front of your grandma but its not something you would do out of consideration for her ticker&#8230;in any case&#8230;i will leave you to your beliefs&#8230;this argument can go round and round with neither side seeing the others point of view&#8230;Religion is not a democracy and peoples beliefs are a touchy subject..to an orthodox Jew seeing a woman wearing a tallit is probably akin to seeing a bikini clad woman enter the vatican and you can&#8217;t deny that for thousands of years this has been the norm. I do think its a case of a minority trying to force a change on the majority..not it temrs of the whole of the Israeli population but in terms of the population of users who go there for religious reasons.</p>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419502</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Mon, 14 Dec 2009 05:26:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419502</guid>
		<description>Read closely; it&#039;s not a law.</description>
		<content:encoded><![CDATA[<p>Read closely; it&#8217;s not a law.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1419427</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Mon, 14 Dec 2009 04:10:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1419427</guid>
		<description>..which according to your posts was decided upon in the courts and an area designated...</description>
		<content:encoded><![CDATA[<p>..which according to your posts was decided upon in the courts and an area designated&#8230;</p>
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		<title>By: froylein</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1418775</link>
		<dc:creator>froylein</dc:creator>
		<pubDate>Sun, 13 Dec 2009 13:23:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1418775</guid>
		<description>Time&#039;s have changed in theologies as well. The analogies are weak. It is a matter of how legal, not legitimate, each group&#039;s claims are within the framework of the Israeli constitution. To uphold the customs of times long gone as the universal secular law of today is flawed logics.</description>
		<content:encoded><![CDATA[<p>Time&#8217;s have changed in theologies as well. The analogies are weak. It is a matter of how legal, not legitimate, each group&#8217;s claims are within the framework of the Israeli constitution. To uphold the customs of times long gone as the universal secular law of today is flawed logics.</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1418722</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Sun, 13 Dec 2009 11:01:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1418722</guid>
		<description>:-)</description>
		<content:encoded><![CDATA[<p> <img src='http://www.jewlicious.com/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: Ephraim</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1418693</link>
		<dc:creator>Ephraim</dc:creator>
		<pubDate>Sun, 13 Dec 2009 10:26:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1418693</guid>
		<description>Barbecue for everyone!</description>
		<content:encoded><![CDATA[<p>Barbecue for everyone!</p>
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		<title>By: Izabella</title>
		<link>http://www.jewlicious.com/2009/11/i-was-there/#comment-1418659</link>
		<dc:creator>Izabella</dc:creator>
		<pubDate>Sun, 13 Dec 2009 09:21:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.jewlicious.com/?p=11618#comment-1418659</guid>
		<description>I believe animal sacrifice was stopped because there is no temple to perform it in...i wonder if they will bring it back in once the third temple is rebuilt? I bet that will cause a stir...</description>
		<content:encoded><![CDATA[<p>I believe animal sacrifice was stopped because there is no temple to perform it in&#8230;i wonder if they will bring it back in once the third temple is rebuilt? I bet that will cause a stir&#8230;</p>
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