A bill that would make antisemitism a hate crime in Georgia cleared a state Senate committee Monday with a unanimous and bipartisan vote despite concerns over whether it would limit criticism of Israel.
Supporters of the bill say it would help protect Jewish people from bigotry amid the Israel-Hamas war, but opponents in the audience said the proposal would chill free speech and chanted “Free, free Palestine” after the vote. Police removed some protesters from the hearing.
The measure, House Bill 30, could quickly advance through the legislative process in the coming days after it stalled last year over disagreements about how to define antisemitism. The measure relies on a definition that includes examples of when speech against the nation of Israel would amount to antisemitic results.
“When people attack Jewish students, both verbally and physically, and hide behind the lack of a definition of what constitutes Jew hatred, is simply unacceptable,” said Rabbi Larry Sernovitz, CEO of Hillels of Georgia, an organization for Jewish students on college campuses. “In no way has any voice been silenced. In fact, the opposite has happened. And as a result, Jewish students feel unsafe and threatened.”
The legislation would add antisemitism to the state’s existing hate crimes law that allows harsher criminal penalties against those who target victims on the basis of race, gender, sexual orientation, sex, national origin, religion, or physical or mental disability. The measure could also apply to discrimination cases in colleges and government agencies.
Critics of the bill object to codifying a definition created by the International Holocaust Remembrance Alliance, which includes several examples of when speech against Israel as a nation could be interpreted as attacks against Jewish people.
“The misuse of antisemitism to shield a country from criticism and accountability is insulting and offensive to my family,” said Sig Giordano, who is Jewish. “Israel is not our homeland, and the Zionist project for us is illegitimate. ... Anti-Zionism is not antisemitism.”
Credit: Jason Getz
Credit: Jason Getz
Under the bill, antisemitic speech would continue to be protected by the First Amendment. But a judge could impose additional penalties under the state’s hate crimes act if an underlying crime, such as assault, is found to be motivated by evidence of antisemitism.
Hate crimes come with an additional six to 12 months of incarceration for misdemeanors and at least two years for felonies.
The Georgia General Assembly has considered antisemitism bills for three years, and legislators have prioritized the legislation since Hamas attacked Israel on Oct. 7.
Credit: Jason Getz
Credit: Jason Getz
Meanwhile in Georgia, hate groups have repeatedly distributed fliers smearing Jewish people in Atlanta-area neighborhoods.
“It is meaningful to the Jewish community in this state which has been subjected to ever-increasing antisemitic harassment,” said Senate President Pro Tem John Kennedy, a Republican from Macon. “You may say to yourself, ‘This bill doesn’t stop these terrible acts.’ ... But it just might deter their behavior and the conduct that could end up harming or harassing someone simply because they are Jewish.”
The Senate Judiciary Committee also advanced a separate measure, Senate Bill 359, which targets distribution of antisemitic fliers and signs. The bill would include those actions under Georgia’s hate crimes law if victims are chosen based on race, religion, sex or political affiliation.
The Georgia Supreme Court struck down the state’s hate crimes law in 2004 for being “unconstitutionally vague” before legislators passed a new version in 2020.
The antisemitism bill, which passed the Georgia House last year, could soon be considered by the full state Senate. If approved by both chambers, it would go to Gov. Brian Kemp for his signature or veto.
The International Holocaust Remembrance Alliance’s definition of antisemitism
Part of the debate over legislation that would make antisemitism part of Georgia’s hate crimes law is its reliance on a definition provided by the International Holocaust Remembrance Alliance. The definition itself is two sentences, but it’s accompanied by 11 examples of antisemitism, six of which mention Israel. Here’s the definition:
“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.”
Source: https://www.holocaustremembrance.com/
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