California Moves to Recognize Jewish Identity Beyond Religion

The state of California is set to become the first in the United States to officially acknowledge being Jewish as an ethnic and racial identity, rather than solely a religious designation. A pivotal committee in the state Senate recently advanced legislation to include ‘Jewish’ in the list of recognized identities. This step represents progress in the ongoing debate about whether Jewish identity transcends religious boundaries and encompasses ethnicity or race. The New York Times refers to this as a step toward acknowledging and demystifying the complex nature of Jewish identity.

This development comes amid a climate of increasing antisemitism and anti-Jewish hate crimes. Critics warn that the bill might intensify antisemitism, drawing parallels with historical instances where Nazis and others labeled Jews as an inferior race. Figures such as Germany’s Adolf Hitler and Soviet leader Joseph Stalin perceived Jews as an ethnic group, using this designation to justify state-sponsored antisemitism.

Given California’s status as home to the second-largest Jewish population in the U.S., it needs to balance this recognition with efforts to counteract antisemitism. If the legislation is enacted, officials must remain vigilant against its potential misuse by hate groups. Governor Gavin Newsom has previously enacted laws tackling antisemitism and hate crime escalation. Future initiatives should allocate further funds for security measures at Jewish institutions, including community centers, schools, and places of worship.

California should consider implementing recommendations from the 2023 National Strategy to Counter Antisemitism. These include monitoring online antisemitism and enhancing information-sharing protocols to preempt violence against Jews. The bill’s ramifications will extend beyond California’s borders, prompting Jewish leaders and authorities nationwide to prepare for the broader impact.

The legislation will not resolve the enduring debate regarding whether Jewish identity encompasses ethnicity beyond religion. An article from the Federation of Jewish Ministries illustrates the historical evolution of Jewish identity: “Originating over 4,000 years ago, the Jewish people started as a family. Over centuries, they experienced diaspora and dispersion, leading to diverse cultural and ethnic branches.” Biologist Alain F. Corcos argued that the extent of crossbreeding and conversion among Jews negates characterizing them genetically as a race.

Judicial considerations also play a role in this debate. For instance, in 1987, the U.S. Supreme Court heard a case involving a Jewish congregation in Maryland suing individuals for alleged antisemitic graffiti. They claimed these actions violated federal civil rights laws against racial discrimination enacted post-Civil War.

In 2018, a Louisiana federal magistrate remarked: “Modern sociologists and anthropologists debate whether Judaism is a people, a religion, or both. However, many people continue to view being Jewish as a racial identity.” A Pew Research Center survey supports this perspective; when asked if Jewish identity is largely about religion, ancestry, culture, or a mix, only one-in-ten responded it pertains strictly to religion.

President Biden, in 2023, emphasized that antisemitism undermines efforts to foster a culture of respect that aligns with a thriving, inclusive democracy. The bill under consideration in California should be praised for recognizing diversity not only across different groups but also within them.

California state Sen. Henry Stern, who sponsored the bill, expressed to The New York Times that being Jewish in America necessitates comfort with ambiguity: “We are a people, we are a nation, we are an ethnicity, we are a religion too.” His bill captures this nuanced understanding.

Austin Sarat serves as the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.