A bill to require state and local agencies to consider a common definition of antisemitism when determining discriminatory intent has been passed by the state Assembly and is headed for a March 17 vote in the state Senate.
The Assembly vote on Bill 446 – requiring consideration of the International Holocaust Remembrance Alliance definition – passed 66-33 on Feb. 17, with 12 Democrats supporting it. The bill passed with strong support from Milwaukee Jewish Federation, its local Jewish Community Relations Council, local volunteers, and national Jewish groups.
The bill would require state agencies, local governments, schools and universities to consider the IHRA definition, including its examples, when determining whether discriminatory intent is present in cases involving race, religion, color or national origin. Supporters say the framework offers clarity in identifying antisemitism, particularly amid rising reported incidents, while opponents have expressed concerns about free speech.
Assembly lawmakers responded to that by adding language to the bill, to clarify that nothing in it should be construed as creating an additional civil or criminal penalty, including for activity protected under the First Amendment at a public school or University of Wisconsin schools. Federation and its allies have repeatedly argued that the bill as written does not infringe on free speech. In any case, state law cannot overrule the First Amendment.
“We are grateful to the 66 members of the Wisconsin Assembly who recognized the rising threat of antisemitism and voted in support of AB 446. This bill is an important tool to help identify and respond to antisemitic incidents,” said Roberta Clark, executive director of the Jewish Community Relations Council. “It was never about restricting free speech – quite the opposite. It affirms First Amendment protections while drawing a clear line against discrimination and hateful actions targeting Jews because of their immutable characteristics.”
Before the state Assembly passed the bill on Feb. 17, some opponents said they were concerned about their right to free speech. But one of those who voted in favor was Rep. Lisa Subeck, a Democrat representing a swath of Madison and the only Jew in the Assembly. She said on the floor before the Feb. 17 vote that the bill does not stop anyone from chanting “free, free Palestine” or criticizing Israel. Rather, it gives guidance for an instance when someone is motivated by anger at Israel to attack someone wearing a yarmulka, for example. She added that former state legislator Jonathan Brostoff, obm, asked her to fight for the IHRA definition in the Assembly before his death by suicide after he faced a deluge of antisemitic abuse.
The IHRA Definition is the most widely used and accepted tool for helping decision-makers identify antisemitism, according to the Jewish Community Relations Council. The full IHRA definition is: “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
The definition is issued with official IHRA guidelines, which include among other statements:
- “Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.”
- “Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for ‘why things go wrong.’ It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits.”
Loading ...