Skip to content
Search

Latest Stories

Top Stories

What is the Antisemitism Awareness Act?

antisemitism definition
Getty Images

Rogers is the “data wrangler” at BillTrack50. He previously worked on policy in several government departments.

In an era marked by a troubling rise in antisemitic incidents, members of Congress have responded by advancing the Antisemitism Awareness Act. Let's delve into the key elements of the bill, its intentions, the potential impacts it may have on curbing this age-old prejudice and concerns with its implementation.


The primary goal of the Antisemitism Awareness Act is to strengthen the federal response to antisemitism, especially in educational environments such as K-12 schools and universities. It seeks to clarify and reinforce how antisemitism is identified and addressed under Title VI of the Civil Rights Act of 1964. Although Title VI does not explicitly cover religion-based discrimination, it prohibits discrimination based on race, color and national origin. The proposed bill underscores that antisemitic acts can often be disguised as discrimination against these categories, especially when they are rooted in perceptions of Jewish ancestry or ethnicity.

It would apply the definition of antisemitism set forth by the International Holocaust Remembrance Alliance in the enforcement of federal antidiscrimination laws concerning education programs or activities. It emphasizes that these proposals do not expand the powers of the secretary of education or alter the standards for determining what constitutes actionable discrimination, nor do they infringe upon rights protected under other laws or the First Amendment.

The bill was introduced by Rep. Mike Lawler (R-N.Y.) and enjoyed broad bipartisan support in the House, passing 320-91, and moving over to the Senate on May 2.

Is the bill justified?

Proponents of the bill cite the protests at campuses around the country as a reason for better defining antisemitism and improving educational programs.

"Just when you thought it couldn’t get any worse, since the heinous terrorist attack on Israel, there has been an explosion of antisemitism, violence and intimidation at home and around the world — especially on our college campuses. ... I’m full of grief, anger, and disgust following the darkest day in Jewish history since the end of the Holocaust. ... [W]e have an obligation to teach future generations about this evil and protect Jewish students from violence and the virulent impact of all hate," stated Rep. Josh Gottheimer.

The IHRA definition of antisemitism is at the heart of the bill: “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 IHRA goes on to provide some examples for illustration, which include:

  • Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.
  • Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a state of Israel is a racist endeavor.

"The IHRA Working Definition of Antisemitism is the most authoritative and effective tool to delineate all forms of contemporary Jew-hatred across the ideological spectrum, and has been adopted by more than 1,200 entities worldwide. Jews are the most targeted group for religious-motivated hate crimes in the United States, and we are encouraged by this legislative initiative to ensure that the American Jewish community is as fully protected by federal anti-discrimination laws as other minorities," said Sacha Roytman Dratwa, CEO of the Combat Antisemitism Movement.

Free speech concerns

While the bill does garner broad support, there are those who feel the definition it adopts is unhelpfully broad. Rep. Jamie Raskin wrote in a statement:

“The IHRA ‘definition’ literally does not define antisemitism other than to say, nebulously and inscrutably, that it ‘is a certain perception of Jews.’ It adds that it ‘may be expressed as hatred’ (emphasis added) and made manifest in different ways but still nowhere defines what it is. Thus, the definition falters from the start because it defines antisemitism as a ‘perception,’ and then leaves the elements of that perception completely blank.

“In a legal sense, for the purposes of enforcing criminal law or civil rights law against individuals, the IHRA definition is plainly unconstitutionally vague. It could never withstand a rigorous due process analysis for individual punishment because it does not give a reasonable person particular notice of what the proscribed speech or conduct is in even the most rudimentary sense."

Raskin is a supporter of the Countering Antisemitism Act, introduced in April, which implements key features of President Joe Biden’s National Strategy to Counter Antisemitism. He feels that there are better, more constitutionally satisfying definitions available and he also states that Lawler’s bill will do nothing to practically improve the fight against antisemitism.

But, given its lack of effect, he reluctantly supports it. “At this moment of anguish and confusion over the dangerous surge of antisemitism, authoritarianism and racism all over the country and the world, it seems unlikely that this meaningless ‘gotcha’ legislation can help much — but neither can it hurt much, and it may now bring some people despairing over manifestations of antisemitism a sense of consolation," he said.

The American Civil Liberties Union has called on lawmakers to oppose the bill. In a letter to members of Congress, the ACLU wrote, “Federal law already prohibits antisemitic discrimination and harassment by federally funded entities. H.R. 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.”

Read More

As Cities Test Guaranteed Income, Congresswoman Pushes for a Federal Pilot

In October, Rep. Bonnie Watson Coleman (D-NJ) introduced federal legislation to establish a federal guaranteed income pilot program.

(Zachary Miller/MNS)

As Cities Test Guaranteed Income, Congresswoman Pushes for a Federal Pilot

In 2018, Moriah Rodriguez was in a car accident that left her with a traumatic brain injury and unable to work. A few years later, she and her four children were on the brink of homelessness when she enrolled in the Denver Basic Income Project.

Rodriguez, who now serves on the DBIP Board of Directors, used the unconditional cash transfers provided through the program to find a place to live and pay off debt. She believes that, if not for the program, her life would be fundamentally different.

Keep ReadingShow less
As Cities Test Guaranteed Income, Congresswoman Pushes for a Federal Pilot

In October, Rep. Bonnie Watson Coleman (D-NJ) introduced federal legislation to establish a federal guaranteed income pilot program.

(Zachary Miller/MNS)

As Cities Test Guaranteed Income, Congresswoman Pushes for a Federal Pilot

In 2018, Moriah Rodriguez was in a car accident that left her with a traumatic brain injury and unable to work. A few years later, she and her four children were on the brink of homelessness when she enrolled in the Denver Basic Income Project.

Rodriguez, who now serves on the DBIP Board of Directors, used the unconditional cash transfers provided through the program to find a place to live and pay off debt. She believes that, if not for the program, her life would be fundamentally different.

Keep ReadingShow less
Adoption in America Is Declining—The Need Isn’t
man and woman holding hands
Photo by Austin Lowman on Unsplash

Adoption in America Is Declining—The Need Isn’t

Two weeks ago, more than 50 kids gathered at Busch Gardens in Tampa, Florida, not for the roller coasters or the holiday decorations, but to be legally united with their “forever” families.

Events like this happened across the country in November in celebration of National Adoption Month. When President Bill Clinton established the observance in 1995 to celebrate and encourage adoption as “a means for building and strengthening families,” he noted that “much work remains to be done.” Thirty years later, that work has only grown.

Keep ReadingShow less
The baking isn’t done only by elected officials. It’s done by citizens​

a view of the capitol building

The baking isn’t done only by elected officials. It’s done by citizens​

In November, eight Senate Democrats voted with Republicans to end the longest government shutdown in history, with little to show for the 43-day closure.

Senator Sheldon Whitehouse (D-RI), who was not one of the eight, told discouraged Democrats, “We need to remember the battle we’re in….[We need to continue the fight] to defend our country from Trump and MAGA. Two things coming up that are really important,” Whitehouse said, “1) In December, there will be a vote on extending the Affordable Care credits we fought for. That gives us…weeks to hammer the Republicans so hard that we actually get a good Affordable Care credits bill.

Keep ReadingShow less