BILL ANALYSIS Ó
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Date of Hearing: June 23, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
SCR
35 (Stone) - As Amended May 6, 2015
SENATE VOTE: 35-0
SUBJECT: Anti-Semitism
SUMMARY: Urges the University of California (UC) to condemn
anti-Semitism and racism, including Islamophobia and expresses
the Legislature's condemnation of anti-Semitic acts at all
publically funded schools in California. Specifically, this
bill:
1)Finds all of the following:
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a) The United States Department of State defines
anti-Semitism as "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";
b) There is clear evidence of increasing and alarming
incidents and expressions of anti-Semitism throughout the
world;
c) From sea to shining sea one can witness the
proliferation of anti-Semitic activity;
d) In February of 2015, the California Legislature's Jewish
Caucus held a press conference addressing anti-Semitic acts
and in the same week an estimated 500 people gathered on
the steps of the State Capitol to protest the recent rise
in anti-Semitic acts occurring across the nation, including
the display of the Nazi swastika symbol superimposed onto
an American flag that was hung in the front of a private
home in Sacramento's River Park neighborhood, which
tarnished the reputation of the Golden State;
e) Swastikas and other anti-Semitic sentiments have
increased in recent months on college campuses across the
country and around the world;
f) In 2014, the kinds of recorded anti-Semitic acts
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committed in the United States and around the world
included murders; violent attacks and death threats against
Jews; arson, graffiti, and property desecration; and
murders at Jewish cemeteries, places of worship, schools,
and community events;
g) These types of anti-Semitic acts also extended to soccer
stadiums, the Internet, editorial cartoons, and the use of
Nazi salutes, leading many Jewish individuals to conceal
their religious and ethnic identity;
h) In April of 2014, the United States Department of State
released the International Religious Freedom Report
recognizing that anti-Semitism continues to be
internationally prevalent;
i) The governments of France, Germany, Italy, and the
United Kingdom, the four countries where the majority of
anti-Semitic incidents have occurred in Europe, have
strongly condemned anti-Semitism as unacceptable in
European society and have all made clear statements that
such attacks on their Jewish communities are intolerable;
j) The State of California actively promotes tolerance to
all faiths and religions;
aa) The United States government has played an essential
role in counteracting the resurgence of anti-Semitism
worldwide and has consistently supported efforts to address
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the rise in anti-Semitism through its bilateral
relationships and participation in international
organizations such as the United Nations, the Organization
for Security and Co-operation in Europe, and the
Organization of American States; and,
bb) The Legislature joins with people everywhere in
unequivocally condemning all forms of anti-Semitism and
rejecting attempts to justify anti-Jewish hatred or violent
attacks as an acceptable expression of disapproval or
frustration over political events in the Middle East or
elsewhere.
2)Resolves all of the following:
a) The Legislature urges each UC campus to adopt a
resolution condemning all forms of anti-Semitism and
racism, including Islamophobia;
b) The Legislature condemns any act of anti-Semitism at all
publicly funded schools in the State of California in order
to promote tolerance and acceptance of all religious
beliefs in accordance with the rights afforded to each
person by the Founding Fathers of this nation and the
authors of the United States Constitution; and,
c) Nothing in this resolution is intended to diminish the
rights of anyone, including students, to freely engage in
any speech or other activity protected by the United States
Constitution.
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FISCAL EFFECT: None.
COMMENTS: Purpose of this resolution. According to the author,
"this resolution seeks to condemn the rise of Anti-Semitism that
has been seen across the State, not to mention, around the
world. Within the last couple months, we have seen a home in
Sacramento proudly displaying a Nazi swastika on top of an
American Flag. In our state, we have seen displays of swastika
and acts of Anti-Semitism on our campuses. Across the world,
there has been an increase in threats against Jewish people.
Just last year, in April, the U.S. Department of State released
the International Religious Freedom Report, recognizing that
anti-Semitism continues to be internationally prevalent."
According to the author, "by stating that the Legislature take a
strong stand against the recent acts of Anti-Semitism, and
urging UC campuses to do the same, this resolution sends a
strong message that California will not tolerate this behavior,
while fully protecting the rights of free-speech."
Anti-Semitism as it relates to the State of Israel. This
resolution references the U.S. Department of State definition of
anti-Semitism. According to the U.S. State Department's website
that defines anti-Semitism, examples of ways in which
anti-Semitism manifests itself with regard to the state of
Israel include demonizing Israel ("drawing comparisons between
Israeli policy to that of the Nazis"), establishing a
double-standard for Israel ("multilateral organizations focusing
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on Israel only for peace or human rights investigations"), and
delegitimizing Israel ("denying the Jewish people their right to
self-determination, and denying Israel the right to exist").
The U.S. State Department's website also states that "criticism
of Israel similar to that leveled against any other country
cannot be regarded as anti-Semitic."
The AMCHA Initiative, along with other supporters of this
resolution, argues "on many occasions anti-Semitic incidents and
behavior at UC have been correlated with anti-Israel events and
campaigns, particularly those associated with the Boycott,
Divestment, and Sanctions (BDS) movement." AMCHA notes that
identifying anti-Semitic activity by invoking the U.S. State
Department's definition "recognizes the varieties of
anti-Semitic expression that Jewish students are actually
experiencing on their campuses."
Several organizations, including the California Faculty
Association have expressed concern regarding the definition
contained in this resolution. Jewish Voice for Peace argues
"the resolution's reference to the State Department definition
of anti-Semitism will be used by proponents to stigmatize
advocacy for Palestinian rights, and particularly campus
campaigns to divest from corporations that profit from Israel's
occupation and violations of international law."
Requested amendments. As previously outlined, several
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organizations have expressed concern with two sections of this
resolution and the potential implications on campus political
speech and advocacy. These organizations have requested the
following amendments:
Page 1, Lines 1-6: Reference a standard dictionary definition
of anti-Semitism:
WHEREAS, The United States Department of State defines
A nti-Semitism is defined as hostility toward or
discrimination against Jews as a religious, ethnic, or
racial group; " 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"; and
Page 3, Lines 18-21: Clarify legal rights regarding
political speech and activities:
Resolved, That nothing in this resolution is intended to
diminish the rights of anyone, including students, to
freely engage in any speech or other activity protected by
the United States Constitution , including that which is
critical or supportive of the policies of any country ; and
be it further
REGISTERED SUPPORT / OPPOSITION:
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Support
AMCHA Initiative
Alpha Epsilon Pi Fraternity
American Association of Jewish Lawyers and Jurists
American Federation of State, County and Municipal Employees
American Jewish Federation in Los Angeles
Bruins for Israel
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Teamsters Public Affairs Council
Endowment for Middle East Truth
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Engineers & Scientists of CA, IFPTE Local 20, AFL-CIO
Hasbara Fellowships
International Longshore and Warehouse Union
Israeli-American Council
Israel Christian Nexus
Louis D. Brandeis Center for Human Rights Under Law
The Lawfare Project
Proclaiming Justice to the Nations
Professional & Technical Engineers, IFPTE Local 21, AFL-CIO
Stand with Us
Students and Parents Against Campus Anti-Semitism
The Israel Group
Training and Education About the Middle East
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UNITE-HERE, AFL-CIO
Utility Workers Union of America
Zionist Organization of America
Opposition
California Faculty Association
Center for Constitutional Rights
Jewish Voice for Peace
National Lawyers Guild
Palestine Legal
Physicians for Social Responsibility
Analysis Prepared by:Laura Metune / HIGHER ED. / (916)
319-3960