Alyza Lewin and Yifa Segal Discuss “How we Fought Against:” The 18-year legal battle to recognize Jerusalem-born US Passport holders as born in Israel

The International Legal Forum’s How we Fought Against podcast, hosted by Yifa Segal, recently sat down with President of the Brandeis Center, Alyza Lewin, for a discussion about the recent State Department decision that finally permitted American citizens born in Jerusalem to list “Israel” as their country of birth on their U.S. passports. That decision brings closure to Ms. Lewin’s 18-year campaign, which included advocating for change in U.S. policy and arguing the famous “Jerusalem passport case” before the U.S. Supreme Court.

Ms. Lewin and her father brought the lawsuit in 2002 on behalf of Menachem Zivotofsky, who has American parents and was born in Jerusalem shortly after Congress passed a law allowing Americans born in Jerusalem to request that the State Department list their country of birth as Israel. Since the law was passed, the State Department refused to enforce it, so the passports of individuals like Zivotofsky (and myself) did not list a country of birth.  The Lewins brought suit to enforce the law. Ultimately, the Supreme Court struck down the law, and held that the President of the United States has the exclusive authority to recognize foreign sovereigns. But what initially appeared to be a legal defeat in court, led to the very change in U.S. policy that Ms. Lewin had so tirelessly advocated for. President Trump exercised his exclusive authority and recognized Jerusalem as the capital of Israel; the State Department then, after further advocacy by the Lewins, finally reversed its longstanding policy and allowed individuals born in Jerusalem to  acknowledge their place of birth as Israel. On October 30, 2020, in a short ceremony held outside the U.S. Embassy in Jerusalem, Ambassador David Friedman presented Menachem Zivotofsky with the first U.S. passport for an American citizen born in Jerusalem, formally listing the place of birth as “Israel.”

In their engaging conversation on the podcast, Ms. Lewin and Ms. Segal discuss the complex geopolitical, foreign policy and domestic factors influencing the Supreme Court decision. Ms. Lewin argues that the previous policy of the U.S. government, which prohibited Jerusalem-born Americans from acknowledging Israel as their country of birth while permitting individuals who wished to erase any mention of the Jewish homeland from their US passport to do so – implicitly supported the dissolution of the State of Israel. Trump’s recognition of Jerusalem, Alyza explains in the podcast “moved the needle to neutral.” It is as though the US has said, “Jerusalem is here to stay as the capital of Israel; now, go negotiate your borders.”

Ms. Lewin and Ms. Segal also discuss how modern interpretations of anti-Semitism are often identified only in their right-wing, Nazi-like manifestations. In reality, anti-Semitism shapeshifts throughout history, as Jews are always blamed for whatever evil dominates the discourse of the times. For many Jews, supporting the Jewish State of Israel is an expression of  Jewish identity, Jewish peoplehood, and a deep ancestral connection to the Jewish homeland. The current trend of marginalizing and excluding Jews by accusing the Jewish collective, Israel, of racism, apartheid, and settler colonialism, is just a modern manifestation of the age-old hatred of anti-Semitism. Bringing the discussion full circle, Ms. Lewin explains that allowing Jewish Americans to express their deep and ancient connection to the Jewish homeland on their passports is an important step in the effort to combat the contemporary manifestation of anti-Semitism that seeks to eliminate the Jewish people’s connection to the Jewish homeland. Indeed, Ms. Lewin, Ms. Segal, the Brandeis Center and the International Legal Forum, are all integral players in the ongoing effort to identify and combat modern-day forms of anti-Semitism and to establish paths to peace and meaningful coexistence.

You can watch the video podcast here.