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Jewish protections difficult for lawmakers to establish amid rising antisemitism

By Ryan Nadeau, Capital News Service

RICHMOND, Va. – State lawmakers grappled during the recent General Assembly session with the best way to address rising antisemitism, but efforts produced mixed results. 

Over 400 "antisemitic incidents" occurred in Virginia in 2021, according to the findings of Gov. Glenn Youngkin's Commission to Combat Antisemitism. This represents a 71% increase since 2020. Some were clearly identified as hate crimes, but "too few" are prosecuted as such, according to the report.

Gaps in state law can make it difficult to label or prosecute antisemitic hate crime. A bill to adopt the working definition of antisemitism passed, while a bill to classify antisemitic crimes as hate crimes did not.

Antisemitism in Virginia and Across the Nation

Jewish people make up approximately 2.2% of the nation's population, according to data from the American Jewish Year Book. Over 150,000 Jewish people live in Virginia as of 2022.

Antisemitic hate crimes made up over half of all religiously-motivated hate crimes in 2021, according to FBI hate crime statistics from March. These rates have increased over the last decade, and by 36% in a recent two-year period, according to a Anti-Defamation League 2022 report.

Daniel Staffenberg is CEO of the Jewish Community Federation of Richmond, a Jewish community and advocacy organization. Much of what makes antisemitism such a difficult issue to tackle is a lack of understanding, Staffenberg said.

"When you get to know us, when you get to know what we believe and what we're about, and we get to know you — we feel that a lot of the hate will become tougher," Staffenberg said.

Non-Jewish Americans are more likely to consider antisemitism a smaller issue, according to surveys conducted by the American Jewish Committee. 

Less than half of surveyed Americans knew approximately 6 million Jews were killed in the Holocaust, according to a 2020 Pew Research Center study. The same study found people who knew less about Jewish history were more likely to have "cooler feelings" toward Jews.

Efforts to Address Antisemitism in Virginia

Youngkin's commission formed under an executive order issued on his first day in office, to ensure "religious freedom and equality for all citizens." The 15 appointed members came from many different faiths and professional backgrounds.

"We must reaffirm our commitment to stand against hatred and intolerance, and develop an actionable plan to combat antisemitism in our Commonwealth," Youngkin stated. 

The commission released 21 recommendations to address antisemitism, according to its report.

It recommended Virginia adopt the International Holocaust Remembrance Alliance working definition of antisemitism, improve Jewish history education and improve the tracking and prosecution of antisemitic hate crime, according to its report.

Multiple bills were introduced this General Assembly session as a result of the commission's recommendations. 

Defining and Educating Virginians on Antisemitism 

Del. Anne Ferrell Tata, R-Virginia Beach, introduced House Bill 1606, to adopt the IRHA working definition of antisemitism as a "tool and guide." The bill received several amendments but ultimately passed and was signed into law by Youngkin.

Companion bill Senate Bill 1252 was defeated on a tie vote in committee. 

Antisemitism, as defined by IRHA, is a hatred directed at Jewish people, property, community or places of worship. It is not just violence toward Jews, but can include seeing Jews as a monolith, or accusing Jews of "inventing or exaggerating the Holocaust." 

The conversation surrounding Jewish protections is complex. Jewish identity can be ethnic, religious or both, Staffenberg said. The many misconceptions regarding Jews need to be addressed to best react to antisemitism, he said.

The Scope of the IRHA Definition and Free Speech

House legislators debated what Tata's bill would accomplish for Jewish communities.

"Combating antisemitism isn't what this bill is about," said Del. Daniel Helmer, D-Fairfax, during discussion of the bill. Helmer, who is Jewish, spoke of past experiences with antisemitic tropes. He voted against the bill. 

Opponents raised specific concerns about whether or not the bill censors criticism of Israel's human rights violations against Palestinians. 

Tata said this was not the case. The measure was amended several times to clarify it was purely a "non-legally binding" educational tool. 

The First Step of "Tikkun Olam" 

"Tikkun Olam" means "repair the world" in Hebrew.

Del. Eileen Filler-Corn, D-Fairfax, the first Jewish speaker of the House, spoke multiple times about her experiences with antisemitism. She urged lawmakers to not "wait for another antisemitic tragedy" to pass a bill like Tata's.

"We can't solve antisemitism right now," Filler-Corn said while speaking to Tata's bill. "But we can take a step, Mr. Speaker, in repairing the world."

Education is the first step in addressing antisemitism, Filler Corn said. She supported the bill, and said Tata consulted her about it.

"To combat antisemitism, you have to understand what it is — you have to define it," Filler-Corn said. "And that's what this bill was all about."

The measure will help Virginia track antisemitic hate crimes more accurately. 

Law enforcement is not always clear on what constitutes antisemitic crime, despite "strong relationships" with the Jewish community, Staffenberg said.

The bill will drive training, education, identification and reporting, which are all critical to finding solutions, Staffenberg added.

Finding the Best Language to Protect the Jewish Ethnoreligion

Sen. Bryce Reeves, R-Spotsylvania, and Del. Terry Kilgore, R-Scott, introduced SB 1184 and HB 2208. The companion bills would have classified antisemitic crimes as hate crimes, within state law.

House lawmakers extensively debated consequences of certain language, made multiple attempts at amendments and could never reach agreement in the conference committee. A conference committee occurs when the House and the Senate cannot agree on details of a bill.

Del. Marcus Simon, D-Fairfax, wanted lawmakers to accept his floor substitute, which added "ethnic" as a protected group. 

All Jews — whether ethnic, religious or both — could then make a case for antisemitic crimes being hate crimes with this addition, he said.

Simon described his fear of antisemitic violence when his family attends synagogue, and how he worries about an attack.

"Is there enough room between that pew and the floor for me to lay on top of my kids to protect them or not?" Simon said.

Filler-Corn was one of the three delegates in the conference committee.

"Strong-willed individuals" in both the House and Senate were not willing to concede their position, Filler-Corn said.

The final decision was that the matter needed more time and could be taken up again in the future, she said.

"The fact that we were able to move forward with some legislation is important," Filler-Corn said.

The legislative approach to antisemitism needs to transcend party politics, she said.

"Yes, the ideas, the concepts, might have come from Gov. Youngkin's commission on antisemitism — yes, the patrons of these bills might be Republican patrons," Filler-Corn said. "But, again, we need to transcend party politics, and we need to move forward and support the Jewish community."

Filler-Corn and Youngkin partnered closely to address antisemitism in Virginia, she said. 

Breaking the Cycle of Antisemitism

Jeff Dannick is the executive director of the Pozez Jewish Community Center, a community hub that serves the Northern Virginia area.

Antisemitism is not a problem that can be solved by only the Jewish community itself, he said.

"If I am only for myself, who will be for me?" Dannick said, quoting Rabbi Hillel, an important Jewish historical figure. "If I am not for others, what am I? And if not now, when?"

This most modern rise in antisemitism is not unique— instead, it reflects a pattern of behavior that can be seen throughout history, Dannick said. 

"There are good times and bad times," Dannick said. "When things go bad, oftentimes people will look for a scapegoat and oftentimes, for whatever reason, the Jewish community becomes that scapegoat."

Recent political and socioeconomic instability could have caused the downturn in this cyclical relationship, Dannick said.

"When those kinds of stressors are put on society, that is like a recipe for antisemitism," Dannick said, which is "always bubbling under the surface." 

Antisemitic tropes and stereotypes cannot continue to be the only information people have about Jews, Dannick said.

All sides need to foster allyship and refuse to tolerate hate to make progress, he said. 

"All we can do, while we are on this Earth for our time, is to try and break those cycles and to try and bring peace and harmony to community," Dannick said.

Jewish Community Continues to Build 

Jewish organizations such as the Weinstein Jewish Community Center in Henrico County create spaces where Virginians regardless of faith can gather, Staffenberg said. The Weinstein JCC, like the Pozez JCC, is a gym, school and community center with membership open to all. 

"It's much easier to hate what we don't know," Staffenberg said. "So we have engaged in a very strong effort to educate and build relationships among different parts of the community — among different faiths, backgrounds, races and that work continues."

The Jewish community remains resilient in the face of rising antisemitism, he said.

"You won't see the Jewish community shrink from antisemitism, or cease being actively involved in community — locally or anywhere," Staffenberg said.