It’s certainly been a strange and surreal week for the American Jewish community. As is all too painfully well known by now, this past Tuesday, the New York Times reported that Donald Trump would sign an Executive Order that would “interpret Judaism as a race or nationality” to prompt a federal law penalizing colleges and universities that failed to protect Jewish students from the threat of BDS activism. This news caused an almost immediate upheaval, with vociferous protest emanating from a wide swath of the Jewish community concerned that this order could easily enable the antisemitic canard of Jewish “dual loyalties.”
While I certainly shared the outrage upon hearing this news, I harbored a deeper concern that I shared on my congregation‘s Facebook group page: i.e., that the Jewish community was making this issue exclusively about us, ignoring the fact that Trump’s order was ultimately aimed at silencing Palestinians and those who stand in solidarity with them. “As ever,” I wrote:
I would suggest the most important response we can make to this latest cynical maneuver is to redouble our solidarity with the Palestinian people and to rededicate our support of the BDS movement – not merely for the sake of “free speech” but for a free Palestine. We must recommit ourselves to the central goals of the BDS call from Palestinian civil society itself: for a land where all who live between the river and the sea are full and equal citizens.
As it turned out, the New York Times report turned out to be false. The actual text of the Executive Order, which Trump signed at a bizarre White House Hanukkah reception, did not explicitly define Jews as a nationality (though it did rely on Title VI of the Civil Rights Act, which “prohibits discrimination on the basis of race, color and national origin” but not religion). Upon hearing this news, many in the Jewish community seemed to breathe a sigh of relief. Others dismissed the order itself, saying it was just a reaffirmation of the Obama administration’s policy and that “it wouldn’t change much at all.”
Whatever else this might mean, we certainly shouldn’t downplay the threat posed by this cynical Executive Order, which essentially puts into law what Israel advocates and their allies in Congress were unable to do with the stalled, ill-fated “Antisemitism Awareness Act.” Going forward, agencies and departments charged with enforcing Title VI can now “consider” using the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, which was never intended to be used to be enforce standards on college campuses.
There are a myriad of problems with the IHRA definition. In one oft-quoted line, for instance, it prohibits “applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.” However, as journalist Paul Waldman recently pointed out in the Washington Post, while “someone might apply double standards to Israel out of antisemitism, the idea that doing so is inherently antisemitic is preposterous. We can decry double standards, but people use them all the time in policy debates without being defined as bigoted.” Moreover, Waldman wrote, “‘saying criticism of Israel similar to that leveled against any other country’ is not antisemitic would mean criticisms of Israel would have to meet a higher standard than criticism of other countries or else they’re antisemitic.”
Additionally, the IHRA definition deems it antisemitic to “deny the Jewish people their right to self-determination.” This is a muddy and subjective standard that comes dangerously close to making the fallacious claim that anti-Zionism is synonymous with antisemitism. In fact, there are many different definitions of self-determination other than political nation-statism. It could well be argued (as I have on several occasions) that the Jewish people have no more inherent “right” to create a political nation state in a specific piece of land than any other people might have – and it is certainly not antisemitic to say so. On the other hand, it would be immensely antisemitic to suggest that Jews do not have a right to self-determination as minority communities of the nations in which they live.
I certainly realize that how events of this past week may have conjured up the the deepest fears of American Jews. And I know full well that we cannot and must not be sanguine about the threat of resurgent antisemitism. But I would also suggest that is critically important that we remember where this threat is actually coming from – and where it is not. Indeed, it is critical to note that while the American Jewish community was tying itself up in knots around the issue of the so-called “antisemitic threat” of BDS on college campuses, four people, including two Jews, were killed in a kosher market in Jersey City, an incident the police is now investigating as a hate crime.
In an age where Jews are being regularly targeted and murdered by extremists, it is not only disingenuous of our government to spend so much time, energy and resources on combatting BDS – a nonviolent movement rooted in human rights for all – it is downright dangerous. It is time to stand down the false and pernicious equation of antisemitism coming from both the “right and the left.” We know full well where the most dangerous and deadly antisemitism is truly coming from – and we need to make this clear to the world in no uncertain terms.
In the end, I believe the most telling commentary on the events of this past week came in an op-ed by Kenneth Stern, one of the authors of the definition of antisemitism used in Trump’s Executive Order. I’ll let him have the last word:
Rather than champion the chilling of expressions that pro-Israel Jews find disturbing, or give the mildest criticism (if any) of a president who repeatedly uses antisemitic tropes, why weren’t those Jewish officials who were present when Trump signed the executive order reminding him that last year, when he demonized immigrants and called them “invaders”, Robert Bowers walked into a Pittsburgh synagogue because he believed Jews were behind this “invasion” of brown people as part of a plot to harm white people, and killed 11 of us?