Men in the Front, Women in the Back
IRAC’s Fight to End Gender Segregation on Israeli Buses
By Howard Goldsmith, IRAC Intern

January Monthly 2006

“You’re supposed to be in the back!” he screams at the female passenger sitting in the front of the bus. She doesn’t move and the male passenger continues to heckle and sneer and make nasty comments. Another female passenger settles in in the front of the bus. “What are you doing?!” he yells. “You’re not supposed to be sitting there!” And so it continues for the entire ride.

Is this Montgomery, Alabama in 1955? No, but it could be on any number of Egged Mehadrin (strict adherence) buses that run through mainly ultra-Orthodox neighborhoods of Jerusalem and on inter-city Egged buses that run between Jerusalem and Tzfat or Bnei Brak. These Egged Mehadrin buses aren’t segregated by race, they’re segregated by gender, and the Israel Religious Action Center (IRAC) has taken the first step to fight them.

“The whole notion of segregated buses goes against the principle of equality,” says IRAC Attorney Orly Erez-Likhovski. “It violates Israel’s Basic Law of Human Freedom and Dignity when you have to change your seat or get off the bus because you’re a woman.” Inspired by what she sees as an affront to the basic principles of a democratic society, Erez-Likhovski has picked up the mantle in a four year old battle.

“In 1997, the Ministry of Transportation formed a committee to discuss how to increase bus patronage among the ultra-Orthodox community… they decided that gender-segregated lines featuring lowered bus fares would encourage the ultra-Orthodox to increase their use of Egged buses.”

Erez-Likhovski says, “The letters we started sending both to the Ministry of Transportation and to Egged in 2001 dealt primarily with the issue of the price discrepancy.” IRAC wanted to know why it costs less to ride the segregated buses.

Egged quickly defended itself by asserting, “It’s not true, we have similar discounts on several bus lines and, furthermore; not all of them are segregated.” Egged went on to claim that riding these buses and segregating them by gender is a completely voluntary act undertaken by passengers. Erez-Likhovski recounts, “Egged told us that they hadn’t heard about anyone who was ever insulted or offended on these buses and that the drivers don’t take action to enforce gender separation.” The Ministry of Transportation agreed with Egged’s claims and the correspondence ceased.

In 2004, the issue reared its head again when Egged announced a new segregated bus route charging discounted fares to the Western Wall during Passover. When IRAC challenged the lower fare, Egged responded again that, “We don’t force anyone to sit separately and Egged drivers do not become involved in the separation at all.”

Then, this Fall, an article appeared in the Israeli daily newspaper, Ha’aretz, countering all of Egged’s previous claims. An Egged bus driver had allegedly denied a woman a spot on his bus traveling from Jerusalem to Tzfat because there were no seats left in the women’s section in the back of the bus and he would not permit her to sit in the men’s section. Her humiliation, the lack of non-segregated, discounted bus route alternatives and the driver’s obvious involvement in the incident made this a clear-cut case of discrimination. IRAC felt confident that this case could serve as the basis for renewing the fight against gender-segregated buses.

“In the most recent letter,” explains Erez-Likhovski, “we claim that the legality of the whole arrangement is very questionable. We stress the fact that Egged – as the primary bus company in Israel, that receives much of its funding from the state – is obligated to treat all passengers equally. Having the state subsidize these buses sends a clear message. When the government subsidizes such services it legitimizes the whole practice, it says to the woman: “You’re at the back of the bus because you’re not a full participant in this society.”

In 2000, the Knesset passed an anti-discrimination law, similar to the U.S. Civil Rights Act. However, a special exemption was inserted under pressure from the ultra-Orthodox community. The exemption stated that separation between men and women is justified and legal under certain conditions. The exemption applies when “a large group would not be able to use the given service without separation.” Erez-Likhovski said, “We think that it will be hard for Egged or the Ministry of Transportation to justify the segregation according to this new law.”

Erez-Likhovski tells of recent reports of segregated sidewalks in Mea Shearim and a women’s only department store in B’nei Brak. "While addressing the needs of the ultra-Orthodox community is important, my fear is that segregated bus routes are just the beginning, and a slippery slope toward widespread segregation awaits Israeli society. However, we should keep in mind that addressing other issues of separation involves many considerations, including the need to respect minority groups in the name of multiculturalism."

“We hope that the Ministry of Transportation will say, ‘We’re going to check into the possibility of having two lines wherever there is a segregated bus line and we’ll instruct our drivers to stay out of the whole segregation process.’”

Erez-Likhovski is ready to keep chipping away at the culture of segregation. “Change is accomplished slowly—one step at a time. Our role at IRAC is to be a catalyst for that change.”