California is on the cusp of becoming the first state to acknowledge Jewish identity as both ethnic and racial, in addition to religious. On August 13, a significant committee of its state Senate advanced a bill to include ‘Jewish’ among its recognized identities. This initiative marks a pivotal moment in the ongoing debate over Jewish identity, which goes beyond religious affiliation.
The New York Times highlights this move as a vital step in understanding Jewish identity’s multifaceted nature. However, it emerges during a troubling period for American Jews, characterized by increasing antisemitism and hate crimes. Critics warn the bill might exacerbate antisemitism. Historical precedents such as Nazi Germany and the Soviet Union’s treatment of Jews as a distinct ethnic group serve as cautionary tales, where such classification justified state-sponsored antisemitism.
With California housing the second-largest Jewish population in the U.S., it must not only recognize Jews as an ethnic and racial group but also intensify efforts to combat antisemitism and protect its Jewish community. Should the bill succeed, California’s governor and legislators need readiness against its exploitation by hate groups. Despite Gov. Gavin Newsom (D) enacting key measures against antisemitism and rising hate crimes, additional steps are required, including increased funding for security at Jewish centers and places of worship.
California should implement recommendations from the 2023 National Strategy to Counter Antisemitism, such as tracking online antisemitism and establishing robust information-sharing strategies to prevent violence. The legislation’s influence won’t be confined to California. Jewish leaders and officials nationwide should monitor developments and prepare for potential ripple effects.
The debate around Jewish identity’s classification won’t end with this bill. The Federation of Jewish Ministries reflects on the Jewish people’s history, beginning over 4,000 years ago, emphasizing their diaspora and cultural branches. Biologist Alain F. Corcos adds that due to crossbreeding and conversions, Jews cannot be strictly characterized as a race.
Legal battles also highlight this complexity. In 1987, the U.S. Supreme Court considered a Maryland Jewish congregation’s case against antisemitic acts. They claimed these acts violated federal civil rights laws against racial discrimination. A Louisiana federal magistrate judge, in 2018, noted ongoing debates over whether Judaism constitutes a people, a religion, or both. The Pew Research Center’s survey supports this, revealing varied perceptions about Jewish identity encompassing religion, ancestry, and culture.
President Biden’s 2023 remarks emphasize antisemitism’s threat to respect and democracy’s inclusivity. California’s legislative proposal aligns with this vision, acknowledging diversity within groups. As State Senator Henry Stern (D), the bill’s main proponent, expressed to The New York Times, being Jewish in America embodies understanding complex identities encompassing peoplehood, nationhood, ethnicity, and religion. His bill captures this nuanced comprehension.
Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.