BILL ANALYSIS Ó
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SENATE THIRD READING
SCR
35 (Stone)
As Amended July 9, 2015
Majority vote
SENATE VOTE: 35-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Higher |12-0 |Medina, Baker, Bloom, | |
|Education | |Chávez, Harper, Irwin, | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, Santiago, | |
| | |Williams | |
| | | | |
| | | | |
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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
resolution:
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1)Finds all of the following:
a) The United States (U.S.) 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 a Sacramento 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
committed in the U.S. and around the world included
murders; violent attacks and death threats against Jews;
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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 U.S. 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 U.S. government has played an essential role in
counteracting the resurgence of anti-Semitism worldwide and
has consistently supported efforts to address 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
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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 U.S. 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 U.S.
Constitution, including that which is critical or
supportive of the policies of any country.
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
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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 Web
site 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
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."
Arguments in support. 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."
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Arguments in opposition. 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."
Opponents of this resolution have requested amendments to use a
standard dictionary definition of anti-Semitism rather than
reference the State Department definition.
Analysis Prepared by:
Laura Metune / HIGHER ED. / (916) 319-3960 FN:
0001180