Ukrainian Parliament Outlaws Antisemitism

 JTA reports that the Ukrainian Parliament on Wednesday passed a law banning "antisemitism and its manifestations."  The vote was 283- 6 with 40 abstentions and 33 not present. (Legislative history). According to JTA:

The Law on Prevention and Counteraction to Anti-Semitism in Ukraine defines antisemitism as “a certain perception of Jews, expressed as hatred of Jews.” It lists examples of this, including Holocaust denial and “calling for, concealing or justifying the killing or harm of persons of Jewish origin.” 

The law must still be signed by Ukrainian President Volodymyr Zelensky, who is Jewish.

Biden Announces Religious Freedom and Anti-Semitism Nominations

President Biden today announced the names of four individuals who he intends to nominate to key positions involving religious affairs. Two of the nominations are for positions at the ambassadorial level:

Rashad Hussain, Nominee for Ambassador-at-Large for International Religious Freedom

Deborah Lipstadt, Nominee for Special Envoy to Monitor and Combat Anti-Semitism with the Rank of Ambassador

Two others are nominations to USCIRF: 

Khizr Khan, Appointee for Commissioner of the United States Commission on International Religious Freedom

Sharon Kleinbaum, Appointee for Commissioner of the United States Commission on International Religious Freedom

The White House announcement sets out extensive biographical facts on each nominee.

EEOC Complaint Charges Stanford University With Anti-Jewish Hostile Work Environment

 As reported by The Forward, a complaint was filed last week with the EEOC (full text and summary of June 15 complaint) on behalf of a psychiatrist and a clinical social worker at Stanford University  Counseling & Psychological Services division charging that a hostile work environment has been created for Jewish employees.  The complaint alleges in part:

... Stanford University ... has permitted the DEI [Diversity, Equity and Inclusion] program to be perverted so that it accomplishes precisely the opposite of its intended aims....

... [T]he CAPS DEI program has maligned and marginalized Jews on the basis of religion, race and ethnic identity by castigating Jews as white, powerful and privileged members of society who contribute to systemic racism and denying and attempting to erase Jewish ancestral identity. In addition, the DEI program has denigrated the concept of Jewish victimhood and deliberately excluded anti-Semitism from the program’s agenda.... 

The CAPS DEI program... relies upon racial and ethnic stereotyping and scapegoating by describing all Jews as white or white-passing and therefore complicit in anti-Black racism. Jewish staff have been pressured to attend the DEI program’s racially segregated “whiteness accountability” affinity group, which was created for “staff who hold privilege via white identity” and “who are white identified, may be newly grappling with or realizing their white identity, or identify as or are perceived as white presenting or passing (aka seen as white by others even though you hold other identities).”

Biden Issues Statement On Anti-Semitic Attacks

On Friday, President Biden issued a Statement (full text) on the Rise of Anti-Semitic Attacks. The Statement reads in part:

In the last weeks, our nation has seen a series of anti-Semitic attacks, targeting and terrorizing American Jews.... I will not allow our fellow Americans to be intimidated or attacked because of who they are or the faith they practice.

We cannot allow the toxic combination of hatred, dangerous lies, and conspiracy theories to put our fellow Americans at risk. As Attorney General Garland announced yesterday, the Department of Justice will be deploying all of the tools at its disposal to combat hate crimes.... We must all stand together to silence these terrible and terrifying echoes of the worst chapters in world history, and pledge to give hate no safe harbor.

EEOC Adopts Resolution Condemning Antisemitism

The EEOC announced yesterday that it has unanimously adopted a Resolution (full text) condemning Antisemitism. The Resolution reads in part:

[T]he U.S. Equal Employment Opportunity Commission condemns in the strongest possible terms the recent violence, harassment, and acts of bias against Jewish persons; expresses our heartfelt sympathy to and solidarity with victims and their families; and reaffirms our commitment to combat religious, ethnic, and national origin-based harassment and all other forms of unlawful discrimination and to ensure equal opportunity, inclusion, and dignity for all throughout America’s workplaces.

Kristen Clark Sworn In To Head Justice Department Civil Rights Division

On Tuesday, the U.S. Senate, by a vote of 51-48, confirmed Kristen Clark as Assistant Attorney General to head the Justice Department's Civil Rights Division. She was sworn in Tuesday evening, making her the first woman, and the first Black woman, to hold this position. According to NBC News:

Her nomination was met with opposition from Republicans, who accused Clarke of antisemitism. The accusation stemmed from an incident in 1994 in which the Harvard Black Students Association, a group Clarke led at age 19, invited a professor accused of promoting antisemitic conspiracy theories to speak. Clarke defended the decision at the time in the Harvard Crimson, the school's student newspaper.

She acknowledged this past January that giving the professor a platform was a mistake, and touted her record on antisemitism in her civil rights work.

Court Enjoins Enforcement of NJ Township's Ordinances Aimed At Orthodox Jewish Community

In WR Property LLC v. Township of Jackson, (D NJ, May 5, 2021), a New Jersey federal district court issued a preliminary injunction against enforcement of two township ordinances which effectively prevent construction of Jewish schools in most of Jackson Township's residential zones and which interfere with constructing of eruvim  (symbolic religious boundary markings). The court concluded that plaintiffs were likely to succeed on the merits of their free exercise and equal protection claims, finding sufficient evidence that the ordinances were enacted with a discriminator purpose. Both the Department of Justice and the state of New Jersey have previously sued the township over its targeting of Orthodox Jews.

French Top Court Says Anti-Semitic Murderer of Jewish Woman Is Mentally Unfit To Stand Trial

France 24 reports that France's highest court, the Court of Cassation, ruled on Wednesday that a Muslim man who murdered Sarah Halimi, a Jewish woman, was not criminally responsible for the act.  The report says in part:

Halimi, an Orthodox Jewish woman in her sixties, died in 2017 after being pushed out of the window of her Paris flat by neighbour Kobili Traoré, who shouted "Allahu Akbar" ("God is great" in Arabic).

The verdict by the Court of Cassation, means Traoré will not face any trial. It confirmed past rulings from lower courts. 

Traoré, a heavy pot smoker, has been in psychiatric care since Halimi's death. The court said he committed the killing after succumbing to a "delirious fit" and was thus not responsible for his actions....

Following Wednesday's verdict, lawyers representing Halimi's family said they intend to refer the case to the European Court of Human Rights.

USCIRF Issues Report On Antisemitism In Europe

Yesterday the U.S. Commission on International Religious Freedom issued a 58-page report (full text) on Antisemitism In Europe. The Report says in part:

Measured against their own long-standing and common political commitments, governments of the 11 states covered in this report have responded differently to the challenges of antisemitism in their countries. In some countries, antisemitic attitudes are a greater challenge than antisemitic incidents. In others the reverse holds true.

In 10 of the 11 countries, though, efforts seem insufficient to meet the antisemitism challenges that present themselves....

The Report includes recommendations for United States policies to fight antisemitism in Europe.

Survey On Anti-Semitism In U.S. Released

The Anti-Defamation League this week released its 2021 Survey on Jewish Americans’ Experiences with Antisemitism. It found:

Well over half (63 percent) of Jews in America have either experienced or witnessed some form of antisemitism in the last five years.

New Law Elevates Anti-Semitism Monitor To Rank of Ambassador

Yesterday President Trump signed HR 221, Special Envoy to Monitor and Combat Anti-Semitism Act (full text). The new law elevates the Special Envoy to the rank and status of ambassador.

DOJ Sues New York Village Over Discriminatory Zoning Aimed At Orthodox Jews

The Department of Justice announced yesterday that it has filed a RLUIPA lawsuit against the Village of Airmont, New York alleging that it has used its zoning code to discriminate against the Orthodox Jewish community.  The complaint (full text) in United States v. Village of Airmont, (SD NY, filed 12/2/2020), alleges that since the expiration of a prior consent decree, the Village has adopted a new zoning code, and has applied it in a discriminatory manner, that prevents Orthodox Jews from gaining zoning approval for home synagogues and a school. It has also enforced regulations in a manner that prevents Jews from clearing trees on their property to erect sukkahs, and prevents the installation of mikvahs. First Liberty Institute issued a press release with additional background. [Thanks to Steven H. Sholk for the lead.]

Britain's Equality Commission Cites Labour Party For Antisemitism

Last week, Britain's Equality and Human Rights Commission (EHRC) issued a 130-page report (full text) on its investigation into antisemitism in Britain's Labour Party. According to the EHRC's Announcement of the report, the agency has served the Labour Party with an "unlawful act" notice. (Text of Notice is at pg. 102 of the report). According to the announcement:

The investigation has identified serious failings in the Labour Party leadership in addressing antisemitism and an inadequate process for handling antisemitism complaints.

The Party is responsible for three breaches of the Equality Act (2010) relating to:

• political interference in antisemitism complaints

• failure to provide adequate training to those handling antisemitism complaints

• harassment

The equality body’s analysis points to a culture within the Party which, at best, did not do enough to prevent antisemitism and, at worst, could be seen to accept it....

The Labour Party has until 10 December to draft an action plan to implement the recommendations, which is legally enforceable by the court if not fulfilled. 

The EHRC Chair says that the Labour Party's new leadership has committed to fully implementing  EHRC's recommendations. [Thanks to Law & Religion UK for the lead.]

Court Refuses To Dismiss Indictment In Tree of Life Synagogue Case

In United States v. Bowers, (WD PA, Oct. 15, 2020), a Pennsylvania federal district court refused to dismiss an indictment under the federal Hate Crimes Prevention Act and the Church Arson Act brought against defendant charged in the 2018 attack on Pittsburgh's Tree of Life Synagogue. (Full text of Superseding Indictment.) The court rejected both the facial and the as-applied challenge to the Hate Crimes Act. The court said in part:

Each federal court to have considered the constitutionality of § 249(a)(1) has found it to be a valid exercise of Congressional power under the Thirteenth Amendment....

[T]he congressional intent behind §249(a)(1) makes clear that Congress intended to prohibit violence on the basis of real or perceived religions that “were regarded as races at the time of the adoption of the [Reconstruction] amendments.”... [T]herefore ... §249(a)(1) includes protection for Jewish people in that they were considered a distinct race when the Thirteenth Amendment was-applied.

Upholding the constitutionality of the Church Arson Act against a facial attack, the court said in part:

Congress had a rational basis to conclude that the conduct regulated by § 247 substantially affects interstate commerce.

Responding to defendant's as-applied challenge, the court said in part:

The Defendant’s as-applied challenge requires consideration of a developed factual record and the application of the statute to those facts. Thus, it is premature to determine the as-applied issue at this time.

Facebook Will Ban Holocaust Denial

Yesterday Facebook CEO Mark Zuckerberg announced that Facebook is updating its hate speech policy to ban Holocaust denial on its platform. He said in part:

[W]ith rising anti-Semitism, we're expanding our policy to prohibit any content that denies or distorts the Holocaust...

I've struggled with the tension between standing for free expression and the harm caused by minimizing or denying the horror of the Holocaust. My own thinking has evolved as I've seen data showing an increase in anti-Semitic violence, as have our wider policies on hate speech.

NPR has more on the decision.

DOJ Sues New Jersey Town Over Anti-Jewish Zoning Ordinances

Last week the Department of Justice filed suit against the Township of Jackson, New Jersey alleging that it has violated RLUIPA by using its zoning ordinances to target the Orthodox Jewish community.  The Township banned schools (including religious schools) in certain zoning districts and banned dormitories throughout the township so that boarding schools cannot operate.  The complaint (full text) in United States v. Township of Jackson, (D NJ, filed 5/20/2020), alleges in part:

The 2017 Ordinances were enacted in response to the growth of the Orthodox community and the complaints Township officials received from residents about the Orthodox community....

Hostility toward the Orthodox community by Township officials and residents in Jackson has continued since the enactments of Ordinances 03-17 and 04-17 to the present time.

The Department of Justice issued a press release announcing the filing of the lawsuit.

ADL Releases 2019 Audit of Antisemitic Incidents

Yesterday the ADL released its 2019 Audit of Antisemitic Incidents in the United States. (Full text of report.) According to the report:

In 2019, ADL tabulated 2,107 antisemitic incidents throughout the United States.  This is a 12% increase from the 1,879 incidents recorded in 2018 and marks the highest number on record since ADL began tracking antisemitic incidents in 1979.

House Holds Hearings On Anti-Semitic Domestic Terrorism

On Feb. 26, a subcommittee of the House Homeland Security Committee held a hearing titled Confronting the Rise in Anti-Semitic Domestic Terrorism, Part II. Transcripts of testimony and opening statements, as well as a video of the entire hearing, are available on the Committee's website. Part I of the hearings were held in January. (Transcripts and video of testimony).

Suit Seeks Data On Anti-Semitic Hate Crimes In New York

A New York state Freedom of Information Law lawsuit was filed last week by The Forward newspaper seeking information on the rise in anti-Semitic hate crimes in New York City.  The complaint (full text) in The Forward Association, Inc. v. New York City Police Department asks for an order granting the paper immediate access to the requested records. The Forward reported on its lawsuit.

German Court Refuses To Order Removal of Anti-Semitic Church Carving

AFP reports that an intermediate appellate court in the German state of Saxony-Anhalt has refused to order the removal of a 13th century anti-Semitic bas relief on a church in the town of Wittenberg. The court concluded that the carving, known as the Judensau (Jews' sow), did not harm Jews' reputation because it was embedded in a broader memorial and was accompanied by a sign put up in 1988 explaining it in context.