The state of California is on the brink of becoming the first state in the United States to officially recognize Jewish identity as both an ethnic and racial category, beyond solely a religious one. This development has emerged from a bill passed by a key Senate committee on August 13, proposing the inclusion of “Jewish” in the state’s list of recognized identities.
The debate on the classification of Jewish identity, whether it solely represents a religion or also encompasses ethnicity and race, has been ongoing. A recent report by The New York Times highlights this move as an initial attempt to embrace and clarify the complexities of Jewish identity.
“A first step toward acknowledging and demystifying the multifaceted nature of Jewish identity,” observes The New York Times.
This initiative coincides with a concerning period marked by heightened antisemitism and anti-Jewish hate crimes across America. Critics are wary of the bill potentially intensifying antisemitism, drawing parallels from historical precedents such as Nazi Germany and the Soviet Union, where Jewish groups were targeted as an ethnic minority.
California, home to the second-largest Jewish community in the United States, not only needs to recognize Jews as an ethnic and racial group but also strengthen measures against rising antisemitism. This calls for increased protective measures for Jewish centers, schools, and places of worship, alongside adhering to the 2023 National Strategy to Counter Antisemitism, which includes tracking antisemitism online and enhancing data-sharing efforts to prevent violence.
Governor Gavin Newsom (D), who has already enacted significant legislation to combat hate crimes, should anticipate potential misuse of the bill by hate groups. This reflects the necessity for proactive measures, including augmented security funding at Jewish institutions.
The legislative change’s influence will extend beyond California, with Jewish leaders and government bodies nationwide needing to prepare for its broader implications. While the bill won’t resolve the debate on whether Jewish identity transcends religious categorization, historical insights and expert opinions shed light on the ongoing discourse.
An ancient history intertwines with cultural evolution, revealing that the Jewish identity spans beyond religious confines. Over millennia, the community has experienced diaspora and dispersion, shaping cultural and ethnic branches. Biologist Alain F. Corcos contributes to the discussion, arguing against defining Jews as a distinct race due to historical crossbreeding and conversions.
Judicial perspectives have also engaged in this debate. In 1987, the U.S. Supreme Court handled a case involving a Jewish congregation in Maryland that faced antisemitic vandalism, questioning whether such acts contravened racial discrimination laws originating from the Civil War era. Additionally, a 2018 opinion by a federal magistrate judge in Louisiana acknowledged continuous views of Judaism as a racial identity.
The Pew Research Center conducted surveys highlighting diverse perceptions among Jews regarding their identity, with a mere one-in-ten respondents perceiving it solely as religious. President Biden expressed concerns regarding antisemitism’s impact, emphasizing its undermining effects on efforts to cultivate a culture of respect and inclusivity.
“Antisemitism undermines efforts to build a culture of respect and a thriving, inclusive, and diverse democracy,” noted President Biden in 2023.
The California bill, applauded for upholding diversity, underscores the intricate nature of identity within groups, aligning with President Biden’s praises for internal diversity. State Senator Henry Stern (D), who sponsors the bill, articulated to The New York Times the complexities of Jewish identity.
“To be a Jew in America requires being really comfortable with tension and understanding that we’re a people, we’re a nation, we’re an ethnicity, we are a religion, too,” expressed Senator Stern.
The bill embodies this understanding, fostering recognition of multifaceted identities within diverse communities.
Austin Sarat serves as the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.