The House of Representatives approved a bill Wednesday that would bolster protections for Jewish college students against the scourge of antisemitism ravaging campuses across the country, despite opposition from dozens of members of both parties.
The Antisemitism Awareness Act of 2023 cleared the lower chamber 320-91, with 70 Democrats and 21 Republicans voting “nay.”
The bill would notably require the Department of Education to use the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism when investigating potential violations of civil rights law.
The IHRA’s working definition of antisemitism describes the hatred as “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.”
Controversially, the organization includes seven potential illustrative examples of antisemitism that concern criticism of Israel, including “drawing comparisons of contemporary Israeli policy to that of the Nazis,” “claiming that the existence of a State of Israel is a racist endeavor,” and “applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation.”
“This bill threads to chill constitutionally protected speech — speech that is critical of Israel alone does not constitute unlawful discrimination,” Manhattan Rep. Jerry Nadler (D-NY), who is Jewish, said on the House floor.
“It is imperative that we confront the scourge of antisemitism and Congress can help. But this legislation is not the answer.”
Rep. Mike Lawler (R-NY) introduced the legislation with roughly 60 co-sponsors, including 13 Democrats such as Reps. Josh Gottheimer (D-NJ) and Jared Moskowitz (D-Fla.)
Lawmakers who voted “nay” included Rep. Andy Biggs (R-Ariz.), Cori Bush (D-Mo.), Lauren Boebert (R-Colo.), Pramila Jayapal (D-Wash.), Jamaal Bowman (D-NY), Katie Porter (D-Calif.), Ro Khanna (D-Calif.), Matt Gaetz (R-Fla.), Rashida Tlaib (D-Mich.), Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-Minn.), and Marjorie Taylor Greene (R-Ga.).
“Some of my colleagues on the left are allowing electoral politics to get in the way of doing what is right,” Lawler said during the House debate.
“[It] is absurd to oppose this on the grounds that it somehow limits free speech,” he added. “Calling for death to Jews is not protected speech.”
House Democratic leadership declined to whip on the vote given the deep divisions within the party over the legislation.
Ahead of the vote, Rep. Thomas Massie (R-Ky.), decried the legislation as a political “sticky trap” to exploit progressive fractures.
Massie also groused about the series of resolutions defending Israel and condemning Jew hatred that the House has taken up since the Oct. 7, 2023, attack by Hamas.
“None of them actually get to anything real. I think it’s a political ping-pong game,” Massie said during a House Rules Committee debate on the resolution Monday.
“I call them sticky traps designed to split the Democrat Party and get them stuck in the sticky trap. And I’ve gotten stuck in almost every one of them myself, because I believe absolutely in the First Amendment.”
“Antisemitism is wrong,” Greene posted on X, “but I will not be voting for the Antisemitism Awareness Act of 2023 (H.R. 6090) today that could convict Christians of antisemitism for believing the Gospel that says Jesus was handed over to Herod to be crucified by the Jews.”
Gaetz echoed Greene, writing: “Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words.”
Gottheimer, who is also Jewish, contended that the legislation was needed to “stand up against Jew-hatred spreading like wildfire” on campuses across the country.
“It allows criticism of Israel — I ensured that,” he stressed. “It doesn’t allow calls for the destruction or elimination of the Jewish state.”
“We cannot stand idly by as protesters call for the deaths of Jews on college campuses and across the country.”
The American Civil Liberties Union and other progressive groups also opposed the legislation.
“Federal law already prohibits antisemitic discrimination and harassment by federally funded entities,” the group wrote in a letter to lawmakers.
“HR 6090 is therefore not needed to protect against antisemitic discrimination; instead, it would likely chill free speech of students on college campuses by incorrectly equating criticism of the Israeli government with antisemitism.”
