Courts and the Judiciary

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      Israel’s Far-Right Government Backs Down, for Now

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      Mary Wilson and Sydney Harper and Patricia Willens and Diane Wong and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicFor months in Israel, the far-right government of Prime Minister Benjamin Netanyahu has been pushing a highly contentious plan to fundamentally change the country’s Supreme Court, setting off some of the largest demonstrations in Israel’s history.On Monday, Mr. Netanyahu announced that he would delay his government’s campaign. Patrick Kingsley, the Jerusalem bureau chief for The New York Times, explains the prime minister’s surprising concession.On today’s episodePatrick Kingsley, the Jerusalem bureau chief for The New York Times.Prime Minister Benjamin Netanyahu of Israel, center. The country is in the throes of a political crisis that has ballooned in recent days.Maya Alleruzzo/Associated PressBackground readingMr. Netanyahu delayed his bid to overhaul Israel’s judiciary in the face of furious protests.Israel’s prime minister is caught between his far-right coalition and public anger over the government’s plan to weaken the judiciary.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Patrick Kingsley More

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      With Judicial Overhaul Paused, U.S. Softens Tone on Netanyahu

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      News that Prime Minister Benjamin Netanyahu would be welcomed in Washington came a day after the Israeli leader delayed plans to limit the power of the courts and signaled a calmer atmosphere.In a sign of easing tensions in Israel after the suspension of a contentious judicial overhaul, the United States ambassador to Israel said on Tuesday that President Biden would host the Israeli prime minister, Benjamin Netanyahu, in Washington in the coming months, but did not specify a date.The possibility of such a meeting, long coveted by Mr. Netanyahu, came after other shifts in tone overnight from the Biden administration, as Washington signaled its support for Mr. Netanyahu’s decision to delay the divisive judicial plan.But the news did not suggest a complete reset after weeks of fraught relations: The ambassador, Thomas R. Nides, said that no date had been fixed for any meeting, leaving open the possibility that it could be delayed if Mr. Netanyahu pushed ahead with the plan after a delay.The news was nevertheless one of several signs on Tuesday that emotions were calming across Israel after concerns over the judicial overhaul had set off civil unrest on a scale rarely seen in the country and had exacerbated tensions with the Biden administration.After Mr. Netanyahu’s reversal, the country’s leading union called off a general strike, hospitals resumed full services after reducing them in protest on Monday, and the main airport began to allow outbound flights again after putting them on hold a day earlier.But suspicion and disappointment on both sides remained. Protesters feared that the government would resume the overhaul after only a superficial delay, and some demonstrations were still scheduled for Tuesday. And some government supporters complained that their views and goals had been crushed despite right-wing parties’ winning a majority in an election last November.The comments from Mr. Nides came the morning after Mr. Netanyahu made a last-minute decision to delay the overhaul. Opponents to the government plan had begun a general strike that shut down large parts of the Israeli economy, shuttering universities and schools, stopping outgoing flights, and pausing nonurgent medical services.Protesters in Jerusalem rallying against the proposed judicial overhaul on Monday. Israel had been gripped by turmoil in recent days as mass demonstrations and strikes swept across the country.Avishag Shaar-Yashuv for The New York TimesThe Biden administration had avoided extending an invitation to Mr. Netanyahu in recent weeks as officials in Washington grew increasingly concerned about the pace of the judicial overhaul, its effect on Israeli social cohesion and its consequences for Israeli democracy — as well as about the Netanyahu government’s policies in the occupied West Bank.“There’s no question that the prime minister will come and see President Biden,” Mr. Nides said in an interview on Tuesday morning on Israeli radio.“He obviously will be coming,” Mr. Nides said, adding, “I assume after Passover.” The Jewish festival of Passover ends on April 13.Reached by phone, Mr. Nides said that no fixed date had been set for the visit. The Israeli prime minister’s office did not issue a response.Mr. Netanyahu’s decision to delay the judicial overhaul, days before its enactment, led to the postponement of several further protests this week. Opponents of the overhaul still fear he could reinstate it later in the year and say they will not hesitate to organize further demonstrations if he reverses course again. Opposition lawmakers accused the government of playing a double game by delaying the legislation while also taking procedural measures that would make it swifter to vote on the package in Parliament in the future. The coalition said that was simply a technical move.More generally among the opposition, there was a sense of relief.“This morning, we are allowed to rejoice a little,” Nadav Eyal, a columnist for Yedioth Ahronoth, a major centrist broadsheet, wrote on Tuesday morning. “Israeli democracy may die one day,” he added. “But it will not happen this week, nor this month, nor this spring.”Nonetheless, many in the opposition remain worried that the overhaul has been delayed but not scrapped entirely. There were also fears about Mr. Netanyahu’s promise to Itamar Ben-Gvir, the far-right minister for national security, that he would consider creating a national guard under Mr. Ben-Gvir’s control.Itamar Ben-Gvir, the far-right Israeli minister for national security, in Jerusalem on Monday night.Avishag Shaar-Yashuv for The New York TimesCritics warned that if Mr. Netanyahu followed through on that proposal, made after Mr. Ben-Gvir agreed to remain in the government despite the delay to the overhaul, it would effectively place a paramilitary body under the control of a man convicted of racist incitement and support for a terrorist group.In a statement, Mr. Ben-Gvir said that the body — which has yet to be created — would prevent rioting and “strengthen security and governance in the country.”There was also uncertainty about the future of Yoav Gallant, the defense minister fired by Mr. Netanyahu on Sunday night after Mr. Gallant called for a halt to the overhaul.Mr. Gallant’s dismissal has not formally taken effect, and Israeli commentators speculated that Mr. Netanyahu may yet allow him to keep his job.Among government supporters, there were feelings of uncertainty, disappointment and resentment at Mr. Netanyahu’s inability to push through the legislation, even though right-wing parties had won a majority in Parliament in the general election in November.“At school they told me that Israel is a democracy,” Evyatar Cohen, a commentator for Srugim, a right-wing news outlet, wrote. “They said that as soon as I reach the age of 18 I can go to the polls and influence the future of the country, its character and goals.”Government supporters organized small protests overnight, with some attacking journalists and an Arab taxi driver, and chanting against Arabs. Some formed a roadblock in northern Israel, stopping drivers from an area associated with the centrist opposition.Gabby Sobelman More

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      Protesters Head to Jerusalem as Israel’s Leaders Look to Rein in Judges

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      Two contentious bills were scheduled to come up for an initial vote in Israel’s Parliament on Monday, including one that would reduce the power of the Supreme Court.JERUSALEM — Tens of thousands of protesters gathered in Jerusalem for the second straight Monday as Israel’s far-right government pushed forward with a divisive plan for a judicial overhaul that critics say will weaken and politicize the country’s courts and undermine its democratic foundations.Protesters, many of them arriving in convoys from across Israel, blocked highways en route to the city then gathered near the Parliament, where legislators were preparing for the first phase of voting on two bills aimed at curbing judicial oversight and giving politicians more influence over the courts.One bill would change the makeup of a nine-member committee that selects judges to reduce the influence of legal professionals on the body and give representatives and appointees of the government an automatic majority. The change would effectively allow the government of the day to choose judges.The other bill would strip the Supreme Court of its power to strike down basic laws passed by Parliament.Advocates say the changes are needed to curb the influence of an overreaching judiciary that has granted itself increased authority over the years. They also say the measures would shift power away from an unelected bureaucratic elite — the judiciary — in favor of elected officials and governments that reflect the will of the people.Israel’s New Far-Right GovernmentBenjamin Netanyahu has returned to power at the helm of the most right-wing and religiously conservative administration ever in Israeli history.A Hard-Right Agenda: Israel’s new government has moved quickly on several agenda items that would weaken the judiciary, entrench Israeli control of the West Bank and strengthen ultraconservative Jews.Judicial Overhaul: The government is pressing ahead with a far-reaching overhaul of Israel’s judicial system, setting off mass protests by those who say it will destroy the country’s democratic foundations.​​Rising Tensions: The roots of the recent spasm of violence in Israel and the West Bank predate the new government, but the administration’s ministers and goals are fueling tensions.Ultra-Orthodox Parties: To preserve his new government, Mr. Netanyahu has made a string of promises to Israel’s ultra-Orthodox parties. Their push for greater autonomy has potentially broad-ranging implications.Critics say the proposed overhaul would place unchecked power in the hands of the government, remove protections afforded to individuals and minorities and deepen divisions in an already fractured society. They also fear that Prime Minister Benjamin Netanyahu, who is standing trial on corruption charges, could use the changes to extricate himself from his legal troubles.Prime Minister Benjamin Netanyahu, left, in Jerusalem on Sunday. Critics fear Mr. Netanyahu could use the judicial changes to extricate himself from his legal troubles.Pool photo by Abir SultanThe attorney general has barred the prime minister from any involvement in the new legislation because of a conflict of interest. Mr. Netanyahu denies any wrongdoing and says he does not have any personal interest in judicial change.After a first reading, bills must go back to a committee for further discussions, then return to the floor for two more votes before passing into law, a process that can take weeks or months. But a deeply split Israel is already in turmoil over the plan, with opponents alarmed at the speed with which it is moving forward, just weeks after the governing coalition — the most right-wing and religiously conservative in Israeli history — came to power.Mass protests have been taking place on Saturday nights in Tel Aviv for seven consecutive weeks and have spread around the country. Last Monday about 100,000 protesters filled the streets around Parliament and the Supreme Court in Jerusalem, according to estimates in the Israeli news media, though organizers put the number at more than double that.On the morning of the vote, small groups of protesters sat down outside the front doors of some coalition lawmakers’ homes in a bid to block them from leaving for the Parliament. They were removed by the police. The coalition leaders have pushed for a hasty first vote on the bills, defying a plea from Israel’s president, Isaac Herzog, to pause the legislative process and allow room for a national dialogue and compromise. The president, a mostly ceremonial figure, has little executive power, but his voice is meant to be unifying and carries moral authority.The leader of the opposition, Yair Lapid, a centrist, asked for a 60-day hiatus in the legislative process as a condition for any negotiations. The politicians driving the process have expressed some willingness to talk but have so far refused to halt their work even for a day.“We won’t stop the legislation now, but there is more than enough time until the second and third readings to hold an earnest and real dialogue and to reach understandings,” Yariv Levin, the justice minister, told the Yediot Ahronot newspaper on the eve of the initial vote.Last Monday about 100,000 protesters filled the streets around Parliament and the Supreme Court in Jerusalem.Avishag Shaar-Yashuv for The New York TimesBut critics have dismissed the government’s position as disingenuous, arguing that once the bills have passed a first vote, only cosmetic changes will be possible.Many Israelis, including some of those protesting, agree that some kind of judicial change is needed, but opinion polls suggest that a majority want it to be the result of dialogue and do not support the government plan in its current form.The domestic tensions are also causing friction between the Israeli government and its closest ally, the United States. In a rare intervention in Israeli political affairs, President Biden, like Mr. Herzog, has called for efforts to reach a consensus.The American ambassador to Israel, Thomas R. Nides, over the weekend told The Axe Files, a CNN podcast, “We’re telling the prime minister, as I tell my kids, pump the brakes, slow down, try to get a consensus, bring the parties together.”He said he had told Mr. Netanyahu, “We can’t spend time with things we want to work on together if your backyard’s on fire,” referring to the U.S. support that Israel is seeking on issues such as curbing Iran’s nuclear program and Mr. Netanyahu’s ambitions to establish diplomatic relations with Saudi Arabia.Amichai Chikli, an Israeli cabinet minister responsible for relations with the Jewish diaspora, responded bluntly to Mr. Nides in an interview with Israel’s public broadcaster, Kan, on Sunday. “I tell the American ambassador, you pump the brakes,” he said, adding: “Mind your own business.” More

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      Takeaways From the Report on the Trump Georgia Investigation

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      The released excerpts from the special grand jury’s report suggest that the jurors probably recommended indictments on more charges than just perjury.On Thursday, after a lengthy criminal investigation by a Georgia special grand jury into allegations of election interference by Donald J. Trump and his allies, a judge released excerpts from a report drafted by the panel. The grand jury’s recommendations were redacted, and little new information was released, but a close reading, together with earlier reporting, offers some insights into where the case is headed. Here are some key takeaways.Legal experts say Mr. Trump remains in real jeopardy in Georgia.In a post on Truth Social on Thursday afternoon, Mr. Trump thanked the special grand jury for its “Patriotism & Courage.“Total exoneration,” he added. “The USA is very proud of you!!!”In fact, the portions of the grand jury’s report that included recommendations on possible indictments were not revealed. Many legal experts continue to see two significant areas of exposure for Mr. Trump.The first is his direct involvement in recruiting a slate of alternative presidential electors after the 2020 election, even after Georgia’s results were recertified by the state’s Republican leadership. The second are the telephone calls he made to pressure state officials after the election, including one in which Mr. Trump told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes, one more than President Biden’s margin of victory in the state.“Even before we got these initial statements from the special grand jury, we knew Trump was in deep criminal peril because of the mountain of evidence that has accumulated that he violated Georgia statutes,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during the first impeachment and trial of Mr. Trump, and a co-author of a lengthy Brookings Institution report on the Fulton County investigation.The jurors did make recommendations about indictments.The special grand jury noted in its report that it had voted on indictment recommendations, though the released excerpts do not reveal what the results of those votes were. The jurors wrote that they had “set forth for the Court our recommendations on indictments and relevant statutes.” (A special grand jury cannot bring indictments, but can make recommendations to the district attorney.)In ordering that only portions of the report be released, with all names redacted, the judge handling the case may have provided a clue to the grand jury’s recommendations. The judge, Robert C.I. McBurney of Fulton County Superior Court, said he was limiting the extent of the release because the grand jury inquiry, by its nature, allowed for only “very limited due process” for potential defendants. The judge’s stance would have been unlikely if the grand jury had not recommended indictments.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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      Here’s a Timeline of the Trump Georgia Investigation

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      The criminal investigation of former President Donald J. Trump and his allies in Georgia has its roots in activities that began shortly after he lost the 2020 election. So far, there have been two key investigatory threads: a plan to send an alternate slate of electors from states that Mr. Trump lost, including Georgia, and Mr. Trump’s request that Georgia’s secretary of state find the votes he needed to flip the state’s 16 electoral votes to him instead of Joseph R. Biden Jr.Here’s a look at some of the key events connected to the investigation.Nov. 18, 2020: Just over two weeks after Election Day, an outside adviser to the Trump campaign, Kenneth Chesebro, sends the first of three memos laying the groundwork for using the Electoral College system to affect the outcome of the race.Dec. 5: Mr. Trump calls Gov. Brian Kemp, a Republican, and urges him to circumvent the normal process for awarding electoral votes and allow Georgia’s lawmakers to do it instead.Dec. 6: Mark Meadows, the White House chief of staff, shares one of those memos with Jason Miller, a senior adviser on the Trump campaign. In the next few days, Mr. Trump decides to pursue the plan to offer alternate electors, according to the findings of the House committee that investigated the Jan. 6 attack on the Capitol.Dec. 7: Georgia elections officials recertified the results of the state’s presidential race after a recount reaffirmed Joseph R. Biden Jr.’s victory over President Trump, the third time that results showed that Mr. Trump had lost the state.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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      A Colossal Off-Year Election in Wisconsin

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      Lauren Justice for The New York TimesConservatives have controlled the court since 2008. Though the court upheld Wisconsin’s 2020 election results, last year it ruled drop boxes illegal, allowed a purge of the voter rolls to take place and installed redistricting maps drawn by Republican legislators despite the objections of Gov. Tony Evers, a Democrat. More

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      Special Grand Jury in Georgia Trump Inquiry Concludes Its Investigation

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      A hearing will be held to determine whether the report will be made public. Any criminal charges would have to be brought by a regular grand jury.ATLANTA — Eight weeks into Donald J. Trump’s latest run for president, a special grand jury investigating Mr. Trump and his allies for possible election interference in 2020 concluded its work on Monday. But the panel’s findings remain private for now, including whether it recommended criminal charges against the former president.The special grand jury was dissolved days after producing a report that was reviewed by the 20 judges on the Superior Court of Fulton County, which encompasses most of Atlanta. Its members were sworn in last May.“The court thanks the grand jurors for their dedication, professionalism and significant commitment of time and attention to this important matter,” Judge Robert McBurney, who oversaw the panel, wrote in an order dissolving it.A hearing will be held on Jan. 24 to determine whether the report will be made public, as the special grand jury is recommending, according to the judge’s order. Special grand juries cannot issue indictments, so any criminal charges would have to be sought from one of the regular grand juries that consider criminal matters in the county.Regular grand jury terms last two months. Defendants who are indicted can request speedy trials that begin by the close of the term that follows the two-month period in which they are indicted. Because of those protocols, most charges would most likely be brought at the beginning of the next grand jury term in early March, or further down the road.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

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      Israel’s New Hard-Line Government Raises Hackles Ahead of Inauguration

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      The country’s president warned the far-right incoming minister of national security that he was raising alarms at home and abroad over racism, discrimination and undermining democracy.JERUSALEM — Israel’s incoming prime minister, Benjamin Netanyahu, concluded coalition agreements on Wednesday to form the most right-wing and religiously conservative government in the country’s history, a day ahead of an expected vote in Parliament to install the new leaders.The coalition pledged to expand Jewish settlements in the occupied West Bank, a move that will deepen the conflict with the Palestinians. And its members agreed to prioritize potentially far-reaching changes that would curb the power and influence of the independent judiciary, one of a number of measures that critics warn risk damaging Israel’s democratic system and paving the way for racism and discrimination against minorities.Even before the swearing-in ceremony on Thursday, a broad public backlash against the government prompted an unusual intervention by Israel’s president, Isaac Herzog, who reflected the alarm in some constituencies at home and abroad over the most contentious clauses in the coalition agreements.Mr. Herzog summoned Itamar Ben-Gvir, the leader of Jewish Power, an ultranationalist party, and the incoming minister of national security, for a meeting and conveyed “voices from large sections of the nation and the Jewish world concerned about the incoming government,” the president’s office said. He urged Mr. Ben-Gvir “to calm the stormy winds.”The president is a largely ceremonial figurehead who has no legal authority to influence the new government, but his voice carries moral weight and is supposed to unify Israelis.Mr. Ben-Gvir told Mr. Herzog that he and the new government “will pursue a broad national policy for the sake of all parts of Israeli society,” according to the statement from the president’s office.The meeting came the same morning that the coalition agreements reached between the partners of the incoming government were presented to Parliament on Wednesday, a final step required a day before the vote in Parliament to approve the new coalition.What to Know About Israel’s New GovernmentNetanyahu’s Return: Benjamin Netanyahu, Israel’s longest-serving prime minister, is set to return to power at the helm of the most right-wing administration in Israeli history.The Far Right’s Rise: To win election, Mr. Netanyahu and his far-right allies harnessed perceived threats to Israel’s Jewish identity after ethnic unrest and the subsequent inclusion of Arab lawmakers in the government.Arab Allies: Mr. Netanyahu’s far-right allies have a history of making anti-Arab statements. Three Arab countries that normalized relations with Israel in 2020 appear unconcerned.Worries Among Palestinians: To some Palestinians, the rise of Israel’s far right can scarcely make things worse. But many fear a surge of violence.The government’s guidelines began with a declaration of the Jewish people’s “exclusive and inalienable right to all parts of the Land of Israel” and pledged to bolster Jewish settlement in all areas, including the occupied West Bank — a statement that reflected this government’s abandonment of the internationally recognized formula for resolving the Israeli-Palestinian conflict based on the establishment of a Palestinian state alongside Israel.“We have achieved the goal,” Mr. Netanyahu told his Likud party lawmakers on Wednesday as the intense coalition negotiations came to an end nearly two months after the Nov. 1 election.“A huge public in Israel — more than two million Israelis — voted for the national camp led by us,” he said. “We will establish a stable government that will last its full term and serve all the citizens of Israel.”Israel’s incoming prime minister, Benjamin Netanyahu, of the Likud party, campaigning in the city of Sderot in October. Mr. Netanyahu is set to return to office 18 months after he was ousted.Amit Elkayam for The New York TimesBut the agreements were already causing strains with the Jewish diaspora, and particularly with the largely non-Orthodox community in North America, and are raising concerns regarding Israel’s international standing.More than a hundred retired Israeli ambassadors and senior Foreign Ministry officials signed a letter to Mr. Netanyahu on Wednesday expressing their “profound concern” at the potential harm to Israel’s strategic relations, first and foremost with the United States, arising from the apparent policies of the incoming government.In an interview with CNN, King Abdullah II of Jordan said he was “prepared to get into a conflict” if Israel crossed red lines and tried to change the status of a Jerusalem holy site revered by Muslims and Jews, and over which Jordan has custodianship. Jordan and Israel signed a peace treaty in 1994, but relations between King Abdullah and Mr. Netanyahu have long been tense.Mr. Netanyahu, Israel’s longest serving prime minister, is set to return to office 18 months after he was ousted. On trial for corruption, he has grown ever more dependent on his hard-line allies because the more liberal parties refuse to sit in a government led by a premier under criminal indictment.One of the most controversial elements of the new government’s plans is the prioritization of changes to the judiciary, including legislation that will allow Parliament to override Supreme Court rulings. This would limit the influence of the independent judiciary, which has played an important role in preserving minority rights in a country that lacks a formal constitution, and would give more unchecked power to the political majority.But coalition agreements are not binding, and many of their clauses remain on paper, never materializing. The clauses about the judiciary are vague and provide little detail about what will be changed, how or by when. The proposal to allow Parliament to override Supreme Court rulings, for example, does not specify whether a simple Parliamentary majority of 61 of the 120 lawmakers will be enough to strike down a Supreme Court decision or if a special majority will be required.Mr. Ben-Gvir was convicted in the past on charges of inciting racism and of support for a terrorist group and ran in the election on a bullish ticket of fighting organized crime and increasing governance, particularly in areas heavily populated by members of Israel’s Arab minority.This week, Parliament passed legislation expanding ministerial powers over the police in a way that critics say will allow Mr. Ben-Gvir to politicize the force’s operations. The coalition agreement states that he will have the authority to change open-fire regulations, potentially allowing the police a freer hand that could fuel tensions with Arab citizens of Israel.Mr. Ben-Gvir and his allies have insisted that the coalition agreements include promises to amend the current anti-discrimination law, which applies to businesses and service providers, to allow them to refuse to provide a service that is contrary to their religious beliefs and to hold gender-segregated events.Israelis demonstrating against the new government of Mr. Netanyahu this month in Jerusalem.Mostafa Alkharouf/Anadolu Agency, via Getty ImagesFar-right lawmakers suggested this week that meant that doctors could refuse to provide treatments that go against their religious conscience — for example, providing fertility treatment to a person in a same-sex relationship — or that hoteliers could turn away certain customers.Their statements set off a public uproar and forced Mr. Netanyahu to issue clarifications saying that no discrimination will be tolerated against the L.G.B.T.Q. community or any other sections of Israeli society, even though his conservative Likud party is a signatory to the coalition agreements.Israeli banks, insurance companies, medical professionals, legal experts and business leaders have denounced the proposed amendments and stated that they will not cooperate with any discriminatory conduct in their fields.Gabby Sobelman contributed reporting from Rehovot, Israel. 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