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Latest Issue of The Pluralist – Fighting Gender Discrimination in Death as in Life
By Orly Erez-Likhovski
June 30, 2025
Dear Friends,
The phenomenon of discriminating against women, because they are women, undermines the very foundations of Israel's democratic regime, which recognizes the dignity of every human being.
The recent decision in the case of Edna Shemesh, an Israeli writer and translator whose attempt to purchase a burial plot next to her partner was refused based on her gender, brought justice for one woman and changed the legal landscape for many more. Her case demonstrates the ongoing wisdom of one of feminism's central insights, that the personal is political. Because what could possibly be more personal than the choice of where and next to whom one would like to be buried?
This should not be a political issue. But when it is restricted purely because one is a woman, there is nothing that has more political relevance.
When Edna approached us in 2019, we couldn't believe her story. She simply wanted to reserve a burial plot for her and her spouse in the Rehovot municipal cemetery. The Haredi (ultra-Orthodox) hevre kadisha burial society agreed to sell her spouse the plot they chose but refused to sell her a plot because it would have been between that of her husband and a man to whom she is unrelated. Their policy viewed this as somehow immodest, as if proximity between a male and a female dead body might lead to some form of impropriety. Yes, you are understanding correctly, the hevre kadisha arrogated to itself the right to impose gender segregation even in death, literally to the grave.
Of course, when Edna turned to us, we took this case, which was an absurd example of injustice. Litigation took four years, and we awaited judgment for an additional two years.
Last week, justice was finally served.
The Rehovot Magistrates' Court ruled unequivocally in Edna’s favor. It accepted all of our claims, finding that the refusal of purchase by the hevre kadisha constituted illegal gender discrimination, as well as negligent bad-faith behavior. It overturned this discriminatory practice that violated a most intimate and private personal right and awarded Edna damages in the amount of 55,000 shekels, the highest compensation we’ve ever secured in a gender discrimination case. It, of course, also ordered the hevre kadisha to sell her the plot she originally requested.
But this case is far more than a personal victory. It is profoundly political, establishing a critical new norm in Israeli law.
The Court’s decision sets a legal standard that will reverberate far beyond Rehovot and clarifies a crucial boundary between religion and state for the entire country. From now on, similar refusals will be treated not as matters of religious custom, but as violations of civil law.
The Court ruling explained that the significant sum of damages awarded to Edna was necessary in order to deter burial societies and other authorities from discriminating. As we have learned well over the years, when people understand that their discriminatory behavior is not only illegal but puts them at risk of incurring a financial penalty, they will have a clear incentive to refrain from future discrimination.
In her own words, Edna called the outcome “a victory for justice and the value of gender equality.” She spoke of the pain of being denied a basic request, the humiliation of being excluded solely because of her gender, and her profound gratitude to IRAC’s legal team, who “led the case with dedication.”
Edna stood firm so that others wouldn’t have to. She might have just looked for another plot and not exposed herself to this years-long struggle and public exposure. But her willingness to speak out on something so private paved the way for all women to be treated with dignity, even and especially at the end of life.
This journey was not easy. The case was filed in June 2020, at the height of COVID-19, and faced many hurdles along the way. But at IRAC, we knew that justice was on our side. We once again persisted, and because we did, the law now stands more clearly and firmly on the side of equality.
This case was never just about an individual woman's future grave and that of the man with whom she chose to spend her life. It was about the kind of society we are striving to build, one where dignity, equality, and freedom of conscience are protected from cradle to grave. It was about ensuring that no woman is turned away because of who she is.
Thanks to Edna’s courage and your continued support, IRAC remains committed to continue fighting for equality in life and in death.
Sincerely,
Orly Erez-Likhovski
PS Thank you for caring about Israel's future as a democratic, egalitarian, just, and pluralistic society! As we partner together in such difficult times your continued support and partnership is very important to us. You can support our work through an annual or monthly donation or by arranging an event to share our work with your community.
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