Seventy House Democrats and 21 Republicans voted against a bill to bolster protections for Jewish students against the courage of antisemitism ravaging campuses across the country.
The Antisemitism Awareness Act of 2023, also known as HR 6090, cleared the House of Representatives in a 320 to 91 vote and strengthens the definition of antisemitism used in federal anti-discrimination laws.
“This bill threads to chill constitutionally protected speech — speech that is critical of Israel alone does not constitute unlawful discrimination,” Rep. Jerry Nadler (D-NY), who is Jewish, said on the House floor.
“It is imperative that we confront the scourge of anti-semitism and Congress can help. But this legislation is not the answer.”
Rep. Mike Lawler (R-NY) sponsored the legislation with roughly 60 co-sponsors, including 13 Democrats such as Reps. Josh Gottheimer (D-NJ) and Jared Moskowitz (D-Fla.)
The bill would adopt the International Holocaust Remembrance Alliance’s definition of antisemitism: “A certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
Specifically, it requires the Department of Education to use the IHRA definition during its enforcement of Title VI of the Civil Rights Act of 1964, which bars discrimination in programs that receive federal assistance.
All colleges and universities that receive federal funds are required to comply with Title VI.
Reps. who voted “nay” included Andy Biggs of Arizona, Cori Bush of Missouri, Lauren Boebert of Colorado, Pramila Jayapal of Washington, Jamaal Bowman of New York, Katie Porter of California, Cory Mills of Florida, Ro Khanna of California, Matt Gaetz of Florida, Rashida Tlaib of Michigan, Alexandria Ocasio-Cortez of New York, Ilhan Omar of Minnesota, and Marjorie Taylor Green of Georgia.
“Some of my colleagues on the left are allowing electoral politics to get in the way of doing what is right,” Lawler passionately said during a debate on the bill before its passage.
“[It] is absurd to oppose this on the grounds that it somehow limits free speech. Calling for death to Jews is not protected speech.”
Democratic leadership declined to whip on the vote given the deep divisions within the party over the legislation.
Ahead of the vote, Rep. Thomas Massie (R-Ky.), echoed the sentiment among a smattering of Democrats that the legislation was something of a political “sticky trap” to exploit progressive divisions on the issue.
Massie further groused about the spate of other resolutions defending Israel that the House has taken up since the Oct. 7, 2023 attack.
“None of them actually get to anything real. I think it’s a political ping-pong game,” Massie said during a Rules Committee debate on the matter Monday.
“I call them sticky traps designed to split the Democrat Party and get them stuck in the sticky trap. And I’ve gotten stuck in almost every one of them myself, because I believe absolutely in the First Amendment.”
Greene who alongside Massie announced plans earlier in the day Wednesday to furnish a motion to oust Speaker Mike Johnson (R-La.), similarly assailed the legislation.
Greene alluded to a provision in the bill citing the IHRA’s list of contemporary examples of antisemitism.
“Antisemitism is wrong, but I will not be voting for the Antisemitism Awareness Act of 2023 (H.R. 6090) today that could convict Christians of antisemitism for believing the Gospel that says Jesus was handed over to Herod to be crucified by the Jews,” Greene posted on X.
Gaetz echoed Greene.
“Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words. The Gospel itself would meet the definition of antisemitism under the terms of this bill!” he posted on X.
Gottheimer, who is Jewish, contended that the legislation was needed to “stand up against Jew-hatred spreading like wildfire” on campuses across the country. He contended that it doesn’t undercut the First Amendment.
“It allows criticism of Israel — I ensured that,” he stressed. “It doesn’t allow calls for the destruction or elimination of the Jewish state.”
“We cannot stand idly by as protesters call for the deaths of Jews on college campuses and across the country.”
The American Civil Liberties Union and other progressive groups opposed the legislation.
“Federal law already prohibits antisemitic discrimination and harassment by federally funded entities. HR 6090 is therefore not needed to protect against antisemitic discrimination; instead, it would likely chill free speech of students on college campuses by incorrectly equating criticism of the Israeli government with antisemitism,” the group wrote in a letter to lawmakers.
