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Bills to define anti-Semitism under scrutiny

Lawmakers in more than a half-dozen U.S. states are pushing laws to define anti-Semitism, triggering debates about free speech and bringing complicated world politics into statehouses.

Supporters say it’s increasingly important to add a definition that lays out how to determine whether some criticism of Israel also amounts to hatred of Jewish people. In so doing, lawmakers cited the Oct. 7 attacks in which Hamas killed some 1,200 people, mostly civilians, and took about 250 hostages back to Gaza, which sparked a war that has killed more than 26,000 Palestinians.

“For anybody that didn’t think that anti-Zionism could cross into anti-Semitism, the rest of the world could see that it had,” said Democratic Rep. Esther Panitch, the only Jewish member of Georgia’s Legislature and one of the sponsors of a bill that the state Legislature passed last week. Republican Gov. Brian Kemp is expected to sign.

Defined in 2016 by the International Holocaust Remembrance Alliance, anti-Semitism is “a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

But Kenneth Stern, the author of IHRA’s definition, said using such language in law is problematic.

“There’s an increasingly large number of young Jews for whom their Judaism leads to an antizionist position,” said Stern, director of the Bard Center for the Study of Hate. “I don’t want the state to decide that issue.”

Over the past three months, there has been a rise in protests around the country calling for a cease-fire in Gaza and the release of Israeli hostages. A coalition of organizations, including Jewish Voice for Peace and CAIR, issued a joint statement saying that the Georgia bill “falsely equates critiques of Israel and Zionism with discrimination against Jewish people.”

Measures using the same definition of anti-Semitism - but in anti-discrimination laws - have advanced in legislative chambers in Indiana and South Dakota. A report from the Anti-Defamation League last year found major increases in antisemitic incidents in Georgia and Indiana, but not in South Dakota, where fewer than 10 a year were recently reported.

Other legislation with the definition is pending in at least five other states this year.

Bill supporters say that more than 30 states have adopted the definition in some way over the years. Before now, the legal definitions - including in New York, the state with the largest Jewish population - came primarily through resolutions or executive orders rather than forceful laws.

In other parts of the country, Iowa incorporated the definition into law in 2022 and Virginia did the same last year, among others.

Lawmakers say their bills are in response to the Oct. 7 attacks, though before that, the problem of anti-Semitism has been on the rise in the U.S. and globally. Since the Israel-Hamas war erupted, several states have passed resolutions condemning Hamas and voicing support for Israel.

Thousands of entities around the world, including the U.S. State Department, major companies and colleges, have officially recognized the definition, with groups including the American Jewish Committee supporting it.

However the U.S. Congress and American Bar Association have declined to do so. Among those urging lawmakers to vote no are chapters of the ACLU.

“There is fundamental First Amendment harm whenever the state tries to silence pure speech on the basis of its viewpoint,” said Brian Hauss, an ACLU lawyer.

Backers of the laws emphasize that they’re not trying to ban speech but rather decipher between actions that amount to discrimination or hate crimes, which carry different degrees of severity.

FILE - Rep. Esther Panitch, D-Sandy Springs, right, fist bumps Sen. Ben Watson, R-Savannah, a member of the Senate Judiciary Committee, after House Bill 30, an antisemitism bill, was passed unanimously by the Senate Judiciary Committee in the Coverdell Legislative Office Building, Jan. 22, 2024, in Atlanta. A handful of U.S. states are considering measures that would define antisemitism, but there's debate over whether they would stifle criticism of Israel. (Jason Getz/Atlanta Journal-Constitution via AP, file)
FILE - Protestors rally outside of the Indiana House chamber against House Bill 1002, which defines antisemitism and bans its teaching at Indiana schools, Jan 18, 2024, in Indianapolis. A handful of U.S. states are considering measures that would define antisemitism, but there's debate over whether they would stifle criticism of Israel. (AP Photo/Isabella Volmert, file)