California’s Potential Recognition of Jewish Identity as Ethnic and Racial

In a significant move, California is on the verge of becoming the first state to recognize being Jewish as an ethnic and racial identity, not solely a religious one. This development follows a key committee of the state Senate passing a bill on August 13 that would add ‘Jewish’ to its list of recognized identities. This step addresses a long-standing debate regarding whether Judaism is a religion, an ethnicity, or both.

The New York Times highlights that this bill marks a step towards acknowledging the complexity of Jewish identity. Yet, this initiative comes at a challenging time for American Jews, amidst a rise in antisemitism and related hate crimes. Critics worry that the bill might worsen antisemitism. They reference historical examples where Jews were categorized as an inferior race, notably by Nazis and leaders like Germany’s Adolf Hitler and the Soviet Union’s Joseph Stalin, who used this as grounds for state-backed antisemitism.

California, home to the second-largest Jewish population in the U.S., should not only recognize Jews as part of an ethnic or racial group but also increase efforts to fight antisemitism and protect its Jewish residents. If the bill is passed, state authorities may need to counter hate group actions. Governor Gavin Newsom has already enacted important laws to address antisemitism and the rise in hate crimes.

Enhancements could involve increased security funding for Jewish community centers, schools, and places of worship.

Additional steps for California should include implementing recommendations from the 2023 National Strategy to Counter Antisemitism, such as monitoring online antisemitism and creating effective information-sharing methods to prevent violence against Jews. The potential effects of this legislation could extend beyond California, prompting observers nationwide to prepare for its broader implications.

The bill, regardless of its outcome, will not resolve the debate over Jewish identity’s ethnic or religious nature. According to the Federation of Jewish Ministries, Jewish history dates back over 4,000 years, evolving from a small family into a dispersed population with diverse cultural and ethnic branches. Biologist Alain F. Corcos argues there is no genetic basis to classify Jews as a race due to historical intermarriages and conversions.

This controversy has previously reached U.S. courts. In 1987, the Supreme Court reviewed a case where a Jewish congregation in Maryland sued individuals for painting antisemitic slogans on their synagogue, arguing that these acts violated civil rights laws against racial discrimination. A 2018 federal magistrate in Louisiana also acknowledged the ongoing debate regarding Judaism as a people, religion, or both.

Pew Research Center surveys support this understanding, with findings that many view Jewish identity as a blend of religion, ancestry, and culture, rather than purely religion. President Biden, in 2023, emphasized that antisemitism threatens efforts toward a culture of respect and a thriving, inclusive democracy.

California’s legislative move reflects an acknowledgment of diversity within and among groups. State Senator Henry Stern, the bill’s sponsor, stated in The New York Times that being Jewish in America involves embracing tension and recognizing Jews as a people, nation, ethnicity, and religion.

Austin Sarat, a professor of Jurisprudence and Political Science at Amherst College, highlights these discussions as crucial steps in understanding Jewish identity and addressing antisemitism.