Executive Order on Judaism is a Mistake
Last December, President Trump signed an executive order (EO 13899) protecting Judaism under Article VI of the Civil Rights Act of 1964, which prohibits discrimination “on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.” This move immediately sparked a varied response from people of all backgrounds. Conservatives applauded the move, citing the high rate of anti-Semitic crimes recorded by the FBI. The anti-Semitic stabbing that occurred during Hanukah celebrations at the end of the year serves as a reminder that this concern is extremely valid. However, this executive order, named “Combating Anti-Semitism,” does not truly do what it claims.
Many Jews responded to this move on Twitter, drawing a comparison to what Nazi Germany did as one of the first of many steps to the Holocaust, when Jews were considered as a separate race and ethnicity. By considering Judaism a protected class under “race, color, and national origin,” some fear that the anti-Semitic notion of Jews having a differing nationality, implying support of a foreign nation over American interests, will be propagated by this administration. Given that Trump was attacked by groups such as J Street less than a week before this executive order for stating that American Jews should support him out of loyalty to Israel—the same anti-Semitic trope—this fear is compounded.
This may result in more restriction of speech criticizing Israel than speech criticizing America.
Saturday Night Live decided to poke fun at the executive order, saying that Trump can now say his daughter is “in an interracial marriage,” while showing Ivanka Trump and Jared Kushner, both of whom appear white, drawing laughs from the crowd. This shows the second problem with this move: Judaism isn’t necessarily any specific color. While most Jews are white, there are Jews of Ethiopian descent, converts from various racial backgrounds, and adoptees of different colors into Jewish families. Additionally, white Jews have the privileges that white people have in America based on appearance: people of color face many implicit judgments when it comes to dealing with police, for example, that white people, and by extension, white Jews, do not face. Since this executive order deals with color and race, classifying Judaism as a specific race or color ignores the reality of how race and color are perceived.
This executive order, named “Combating Anti-Semitism,” does not truly do what it claims.
Another criticism is that the move will stifle anti-Israel and pro-Palestinian activism on campuses. The executive order singles out college campuses, specifically, as the focus of the President. Since the executive order adopts the IHRA definition of anti-Semitism, including its examples, valid criticisms of Israel, and by extension, 1st amendment-protected free speech, may be restricted. The IHRA definition includes examples such as “claiming that the existence of a State of Israel is a racist endeavor,” and “drawing comparisons of contemporary Israeli policy to that of the Nazis,” and has been criticized for being too vague to be used as a legal standard, and is even considered by the IHRA as a “working definition.” Many perceive this definition as troubling due to its conflation of anti-Semitism and anti-Zionism, which is the opposition to the creation of a Jewish state in the land currently occupied by Israel. One can oppose Zionism on democratic grounds, such as believing in the separation of church and state, or that Palestinians deserve to have the same representation in the country by which they are governed.
There are multiple Jewish groups, and many other groups besides, that criticize Zionism and the creation of the State of Israel, and these groups are clearly not anti-Semitic. Additionally, numerous United Nations resolutions criticizing Israel on human rights abuses have been proposed, though they are often vetoed by the United States. Israel’s actions have caused much criticism on the left, and pro-Palestinian groups are active on college campuses across the nation. This definition means that any of these actions and much of the activism surrounding this issue may be considered anti-Semitic and will thus be stifled in universities that receive federal funding. Since most universities receive federal funding, universities across the country may take a hard line on anti-Zionism to ensure their funding is secure.
Anti-Semitism is a real problem. Judaism, however, should be protected by the federal government as a religion, not under Title VI. Trump’s executive order invokes anti-Semitic stereotypes, assumes Jews are a homogenous group, and stifles speech. Given the President’s numerous anti-Semitic comments, it is reasonable to assume that this order is a political move to energize his Evangelical Christian base and solidify Israeli support, much like when he moved the American embassy to Jerusalem. Jewish Americans should not see this executive order as a comfort; it is a danger to freedom for us all.