The "stupidity" of USA law makers - Part I
Right Motivation, Misguided Legislation: The House Votes to Pass the Anti-Semitism Awareness Act
R. ALBERT MOHLER, JR.
Last week, the United States House of Representatives overwhelmingly passed legislation known as the Antisemitism Awareness Act. That bill, now being sent to the Senate, would require the Department of Education to apply a definition of antisemitism, and furthermore, would instruct the Department of Education to take action against persons, whether protesters or otherwise, who may make openly antisemitic charges, may make use of that kind of language, may incite that kind of antisemitic action. Of course, the action itself would be dealt with in a separate part of legislation in the criminal code.
But it did pass overwhelmingly, and I think we can understand why. There is a widespread understanding right now that we are experiencing an outbreak of antisemitism in the culture. And at least at first glance, this would appear to be an action undertaken by the United States House, now being sent for consideration to the Senate and with bipartisan support, by the way, it would appear to be a good faith effort to try to shut down antisemitism, and to label it for the anti-humanism that it is, a very clear moral statement.
The problem is that legislation like this, though intended to send a very clear moral statement, might not always have exactly that effect, and that’s why many conservatives are quite concerned about this legislation. And that includes a good many conservative Christians and conservative Christian organizations. And those individuals and organizations are solidly against antisemitism. They are some of the most stalwart defenders of the Jewish people and of Israel, but they have big, big concerns about how this kind of legislation will be applied, not only on campus but in the courts.
And that deserves, indeed it demands, a much closer investigation on our part. So this is a good point for us to understand that even if everyone’s well-intended, let’s just say everyone basically shares a consensus, everyone in a room that we need legislation to address this particular issue, we’ll just call it issue X.
And thus in the room you have absolute unanimity that everyone wants to do the right thing on X. But you also have different understandings of how X should be defined. If indeed X is something you want to prohibit, something you want to sanction, something you want to prevent, then in legal and legislative terms you have to define what it is you’re talking about. That in itself can be a problem or the source of a problem. And in this case, when it comes to the Antisemitism Awareness Act, I’m going to suggest that’s where one of the problems first arises.
Because if you are going to identify, legislate against, and sanction antisemitism, you’re going to have to say what it is. Now just at face value, you understand the words. Semitism, which means an inclination towards the Jewish people. That’s the most common contextual usage of the word. Anti means that your disposition is opposed to the Jewish people.
Now, one of the interesting debates that has been taking place in recent days, particularly on the left, here’s what’s really important. This has been taking place particularly on the left, is people who’ve tried to say, “You can make a very clear distinction and definition between anti-Semitism and anti-Zionism.” And they mean by that, that when you criticize or perhaps even call for the non-existence of the State of Israel, that’s not necessarily anti-Semitic. Now, what’s interesting is that I have been one of the people and conservative Christians have been among the front lines of people saying that any really clear distinction in those definitions is impossible. That actually, if you are talking about anti-Zionism, which amounts to an open antipathy to Israel, if not a call for Israel’s non-existence, then that is anti-Semitic because we are talking about Israel as the Jewish nation. You cannot separate those two things cleanly.
Now, it’s not to say that you can’t criticize the government of Israel. And for that matter, you have conservative Christians who’ve made many criticisms about government actions and government positions on the part of Israel over the course of history since the middle of the 20th century. That’s not what we’re talking about. But we are talking about the fact that just at the operational level, intellectual honesty compels that we say that anti-Zionism and anti-Semitism, those are not clearly separable terms. But, frankly, both of those also require definition. And if you’re going to have an anti-Semitism Awareness Act as the house just overwhelmingly supported, then you’re going to have to define it.
So where did Congress, where did the House go to get a definition? They went to what is called the working definition of anti-Semitism offered by the IHRA, that’s the International Holocaust Remembrance Alliance. Now, what did the IHRA say is the proper definition of anti-Semitism?
Here it is, “Anti-Semitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of anti-Semitism are directed towards Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
Now, it’s interesting that just before you read that text on the website of the IHRA, this is the definition that is now adopted by the House in the House version of this bill. It introduces its definition as, “non-legally binding.” Well, if Congress adopts it, guess what? It’s going to be legally binding.
Now, as a Christian looking at that language, the first thing that strikes me is there just isn’t that much here. You look at the IHRA definition, “A certain perception of Jews, which may be expressed as hatred towards Jews.” It says, “Maybe,” it says, “a certain perception of Jews.” How in the world do you legislate against a certain perception of anything?
The definition goes on. “Rhetorical and physical manifestations of anti-Semitism are directed towards Jewish or non-Jewish individuals.” Well, if it says Jewish or non-Jewish individuals, well, doesn’t that include just about everybody on planet Earth? But then it says, “towards Jewish community institutions and religious facilities.”
I think right now perhaps the most influential Jewish intellectual in the world is Yoram Hazony. And in response to this, Hazony posted a tweet that says, “Anything that relies on the confused IHRA definition of anti-Semitism is a problem.” And I think Hazony is absolutely right there. By the way, I was reminded of a previous tweet that Mr. Hazony had offered and how much I agree with it, “Orthodox religious traditions, Christian and Jewish are the only thing that will survive the blast furnace of ongoing Cultural Revolution. Make sure you’re on the right side of the struggle.”
I think he’s absolutely right there. It is going to be the Orthodox religious traditions and in particular, Christianity and Judaism that alone will, in his words, “survive the blast furnace of ongoing Cultural Revolution.” But my point in his previous statement is that he himself calls the IHRA definition of anti-Semitism as confused. “Anything that relies on the confused statement,” he says, is, “a problem.”
But it’s also interesting that even as evangelical Christians are among the most significant and the strongest allies of Israel and of the Jewish people, it’s interesting that this International Holocaust Remembrance Alliance’s statement also comes with illustrations. There are many of them, but I want to get to illustration number nine. This is an illustration of anti-Semitism. “Using the symbols and images associated with classic anti-Semitism.” I’m not going to address everything in that, but just the “claims of Jews killing Jesus.”
Now, just to state what should be obvious to Christians. There is more to the story of the crucifixion of Jesus than the betrayal of Jesus by the Jewish people, but that is nonetheless a central part of the biblical narrative. And thus, you look at this and realize that according to this definition, the Gospel of John would be considered anti-Semitic. And if this legislation actually becomes law, it’s not so much that I think those who brought the law had any such intention, but it is nonetheless going to have the effect of being used and abused by the cultural left in the name of fighting anti-Semitism, when quite frankly, it is going to be an instrument to be used against Christian preaching.
And I say that because this has already happened in terms of cultural intimidation. And again, it’s so important that Mr. Hazony said that the only force that can fight back against the secular tide are the Orthodox religious traditions. He mentions Christianity and Judaism. But it’s also true that liberal Christians and many liberal members of the Jewish community have accused evangelical Christians of committing a form of anti-Semitism by the preaching of the Christian gospel.
Now, it’s very interesting that just in the last few days, it is clear that opposition to this bill is coming from the left and the right, and I think it’s important that we distinguish those two sources of opposition. On the left, the big issue is their absolute idolatry of the freedom of speech. Now, I say absolute idolatry because I think they often misuse it and do so intentionally. And for them, because they are largely not a part of any Orthodox or religious tradition, when you are looking at one of their key doctrines, freedom of speech is frankly in their 10 Commandments, if not in say the top one or two. And they get to define what that means. Now in this case, I think you’d have some conservatives say at least there is the point that you could characterize this legislation as a legislation that is directed at hate speech.
That hate speech, however, is going to be a very difficult thing to define. We’ve already talked about that. This definition is very problematic. And not only is it difficult to define, even if the vast majority of Republicans, the vast majority of conservatives approve this bill for the absolute right moral reason of seeking to oppose anti-Semitism, I think you can predict that regulatory bureaucracies, that the administrative state, and progressive courts, and those who seek to use those progressive courts will try to use the same kind of legislation, and its logic, against conservatives, and in particular, conservative Christians.
So on the left, the opposition is largely allied by the concern for what they declare to be freedom of speech. On the other hand, and by the way right now, those on the left, they’re politically aware of the fact that if they were to support this kind of legislation, it would be a direct slap at the protesters that are now getting so much attention for the Palestinian cause on America’s elite college campuses.
So again, politics is always mixed into all of this. On the right, much of the opposition is towards the understanding that this is the definition of a form of a hate crime. And even though it is well intended, it will be used by others. It will be used in a way that will be virtually the opposite of what the intenders of the legislation we’re seeking to bring about. Now, as you look at this, it’s important to also just be reminded of the numbers.