On Thursday night, South Carolina became the first state to pass hallmark legislation to confront anti-Semitism on campus.
The measure, which was included as part of a larger state spending package, was approved late Thursday in the Senate by a vote of 37-4, and the House of Representatives passed it by a vote of 116-2 in March. South Carolina Gov. Henry McMaster had previously endorsed the anti-Semitism measure and committed to signing it into law despite being unable to sign the bill in January due to a procedural holdup.
The legislation provides educators and administrators with a clear and uniform definition to recognize anti-Jewish bigotry. The definition included in the bill is used by the U.S. federal government to assess incidents which occur abroad. “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 State Department posted on its website.
Jews are the most-targeted among religious groups for hate crimes annually, according to the FBI.
Moreover, according to a Brandeis Center/Trinity College study, 54 percent of Jewish students reported experiencing or witnessing anti-Semitism in 2014. A Brandeis University study found that, by 2015, the number of Jewish students experiencing anti-Semitism spiked to nearly 75 percent.
“Anti-Semitism, and the forces that have led to its resurgence, are not representative of the values of South Carolina,” said State Rep. Alan Clemmons, who authored the legislation.
“South Carolina has taken the ultimate legislative step in codifying a uniform definition of anti-Semitism for state supported institutions of higher education that must be applied to illegal acts and breaches of university policy to determine anti-Semitic intent.”
This legislation has been applauded by groups like the Louis D. Brandeis Center for Human Rights Under Law and the Israel Allies Foundation.
“There has been an alarming increase in anti-Semitism nationwide, and particularly on our nation’s college campuses,” Louis D. Brandeis’ Director of Legal Initiatives Aviva Vogelstein said in a statement. “This bill gives South Carolina the tools to protect Jewish students’ and all South Carolina students’ right to a learning environment free of unlawful discrimination.”
Joseph Sabag of the Israel Allies Foundation said, “This bill gives educators a uniform tool for ascertaining intent, similar to the use of confessions in criminal proceedings. It will ensure authorities consider the federal government’s definition of anti-Semitism in instances when it is necessary to determine the intent of constitutionally unprotected activities, including assault, battery, harassment, intimidation and vandalism.
“And it will protect against unlawful suppression of speech to ensure that all views can be fully expressed,” Sabag added.
South Carolina was the first state to enact legislation prohibiting state governments from contracting with entities that support the discriminating practice of boycotts on the basis of national origin, especially against Israel. Since South Carolina passed that bill, 24 states have passed similar laws.
