Supreme Court judges Uzi Fogelman and Ofer Grosskopf today accepted petitions by the Secular Forum and the Adalah organization, saying the ban imposed by hospitals on introducing leavened chametz products on their premises on Passover is illegal, contrary to the dissenting opinion of Justice Neil Hendel.
Judge Fogelman wrote in his ruling, "I find that the ban on bringing food items to hospitals during Passover that prevents patients from consuming food of their choice in the personal space at their disposal, violates the right to dignity, autonomy, and religious freedom."
According to him, "It is precisely in the hospital, where a person loses much of his independence and has to deal with physical difficulties, away from his or her home and familiar lifestyle, that he should be treated with fairness and compassion, and respect as much as possible for his dignity, privacy, humanity, and his basic needs.
"The powers granted by hospital administrations do not include certification to restrict introduction of food into the hospital for kashrut reasons. In addition, using hospital security guards - in any form - for the purpose of enforcing the ban on introducing food into hospitals on Passover exceeds the restrictions set by the Public Security Law," the judge added.
"I will also propose to my colleagues that an absolute injunction be issued instructing hospital security guards to refrain from taking any steps to enforce the Pesach kosher issue, including comments to those arriving at the hospital regarding food and its kashrut," the judge ruled.
Transport Minister Betzalel Smotrich responded strongly to the ruling, "The Supreme Court continues to destroy the principles of the Jewish State and impose insane progressive and undemocratic principles. And in general, the Supreme Court seems to be running the state here and making more and more decisions in a way that renders unnecessary the democratic system and the people. The question is when will the people wake up and stop thinking it's rain."