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Because Shabbat observance is so important, the Sages declared that Jews who publicly desecrate Shabbat are considered to have resigned from the Jewish people. Even though their soul retains its sanctity, and they are still subject to all of Jewish law, they are penalized by being considered non-Jewish for many purposes. This means that they do not count for a minyan, they are not included in the mitzva to treat every Jew with kindness, and any wine they touche may not be drunk by a Jew. These extreme sanctions apply to two sins only: idol worship and public Shabbat desecration.
During the lengthy exile, it was difficult for Jews to preserve their identity. Nevertheless, the confidence their moral level was superior to that of their non-Jewish neighbors gave many Jews the strength to sacrifice when necessary to preserve their heritage. In that context, those who flagrantly desecrated Shabbat were sending the message that they were rejecting their people and joining the non-Jewish majority.
However, in modern times, Bible-based morality has spread widely and has brought about social revolutions. This development, while positive, has led many Jews to question why they should pay a heavy price for remaining distinct by keeping mitzvot. Not surprisingly, many Jews have stopped observing the Torah and keeping the mitzvot, and assimilated into non-Jewish society. At the same time, many other Jews have stopped observing Shabbat and yet have retained their Jewish identity. The question arises as to the halakhic status of this second group.
Some rabbinic authorities are stringent, maintaining the original rule still applies, and we should consider public Sabbath desecrators to be like non-Jews. (They do agree though that anyone who wishes to return to full observance is to be helped and welcomed, like a lost child returning home.) This is the position of some in the Ĥaredi community. In contrast, many maintain the original rule applies only to those whose Shabbat desecration is defiant and out of spite. That is rare today. People who publicly desecrate the Sabbath are no longer indicating a wish to leave the Jewish people. They do not intend to leave Judaism, anger God, or attack the Torah. Rather, their choice is a result of their prioritizing convenience, as they do not understand the great value of Shabbat. Therefore, in practice, the mainstream position is that they may be counted in a minyan, and there is a mitzva to be as kind to them as to any other Jew. This is certainly the case when those who desecrate Shabbat also make a point of reciting Kiddush and having a special Shabbat meal, as this makes it obvious they are not dissociating themselves from their heritage. All should agree they are to be treated like any other Jew.
