Between Jerusalem and Umm Al-Fahm: The Pride Parade in Jerusalem and the Extreme Right Parade in Umm Al-Fahm in the Israeli Supreme Court's Eye (in Hebrew)
Hamishpat Law Review, Vol. 28, p. 61, 2009
17 Pages Posted: 1 Aug 2009
Date Written: August 5, 2009
Abstract
This paper (in Hebrew) compares the Israeli Supreme Court's rhetoric concerning the petitions filed against the Pride Parade in Jerusalem in 2006-2008, as opposed to its rhetoric in the short opinion it handed down concerning the extreme right's petition to have their march in Umm al-Fahm approved (in February 2009). While the Court carefully considered all the pros and cons with respect to the Pride Parades in Jerusalem (such as freedom of speech v. offending the religious population of the city), it treated the extreme right parade in the Israeli-Arab town of Umm al-Fahm as a simple case, issuing a short decision which concerns only issues of timing of the march, and ignoring the dilemmas of freedom of speech and the provocation this march was meant to stir. In the paper I provide some explanations for the discrepancy between the Courts' rulings.
Keywords: constitutional law, freedom of speech, religion, nationalism, sexuality, gay studies, feminism, critical race theory, freedom of association, pride parade, Jerusalm, Umm al-Fahm
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