Brandeis Center Founder and Chairman Testifies at the Virginia Commission to Combat Anti-Semitism

On June 21, 2022, Brandeis Center Founder and Chairman Kenneth L. Marcus presented at the Commonwealth of Virginia’s Commission to Combat anti-Semitism. He was the only person outside of the commission who presented in this meeting.  

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Virginia Governor Glenn Youngkin formed this commission under Executive Order 8 in January 2022 to “study antisemitism in the Commonwealth, propose actions to combat antisemitism and reduce the number of antisemitic incidents, as well as compile materials and provide assistance to Virginia’s public school system and state institutions of higher education in relation to antisemitism and its connection to the Holocaust.” 

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The commission board is made up of the Chief Diversity, Opportunity, and Inclusion Officer, the Secretary of Public Safety, the Secretary of Education, and the Attorney General. Other appointed members include representatives from the Jewish community, other religious communities, experts in “antisemitism, deradicalization, or domestic terrorism,” a representative from the Virginia Holocaust Museum, an attorney from Virginia, and a local Chief Law Enforcement Officer.  

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Marcus noted in the beginning of his presentation that trends in anti-Semitism globally are going in the wrong direction and that we are no longer making progress towards eradicating it. Based on his observations and experience as well as data from various organizations, the last two decades have seen increased anti-Semitism. Last year’s ADL Audit of Antisemitic Incidents showed that 2021 was the worst year on record of anti-Semitism, with 2,717 incidents reported in the United States.  

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He also discussed the importance of recognizing anti-Semitism throughout the political spectrum and “where we least expect it.” Anti-Semitism can be seen on the extremes of both the right and the left ends of the political spectrum in many institutions, and it is becoming more apparent on college campuses overall. A 2021 Brandeis Center survey found that members of two predominately Jewish fraternal and sororal groups felt unsafe on campus and that they needed to hide their Jewish identity. 

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Anti-Semitism is even increasingly found in the places one would least expect it, such as in Human Resources and in Diversity, Equity, and Inclusion efforts. These groups intend to address hate and bias but can end up spreading anti-Semitism. Marcus emphasized the need for further training in these areas to address the issue.  

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In his testimony, Marcus encouraged the commission to start their work by determining how to recognize and identify anti-Semitism. Neo-Nazi manifestations are easier to identify than when anti-Semitism “operates under other guises,” such as anti-Zionism. One helpful tool to understand different forms of anti-Semitism is the International Holocaust Remembrance Alliance’s Working Definition of Anti-Semitism (‘IHRA Definition’). This definition includes guiding examples relating specifically to Israel on what is and is not anti-Semitism. It highlights that not all speech and criticism relating to Israel is anti-Semitic because the context of the situation matters. The Brandeis Center’s fact sheet ‘FAQs About Defining Anti-Semitism’, explains the IHRA Definition in the context of U.S. law.  

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While many states have adopted the IHRA Definition in some form, Marcus stated that not all governors or legislatures that adopted it made the definition legally binding, limiting its operational and daily use. He urged the commission to consider the prospect of expanding on Executive Order 8 and its embrace of the IHRA Definition to consider how the state of Virginia can systematically consider how the definition should be used.  

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Many commission members agreed with this statement and agreed to work to make it operational in a variety of contexts, including education, law enforcement, and institutions, such as museums. For example, B’nai B’rith Director of Legislative Affairs Eric Fusfield, discussed the operationalization of the IHRA Definition specifically in the data collection of hate crimes.  

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Susan Fierro, an attorney serving on the Virginia Commission’s law enforcement subcommittee, discussed focusing efforts on assessing criminal laws, training for law enforcement and prosecutors, rehabilitation and reeducation of offenders, and the security response to anti-Semitic incidents. A commission like this one, Marcus stressed, gives the state of Virginia the opportunity to provide more than a symbolic effort. Instead, the state can create policy that can be operationalized effectively, giving an example to other states of how the IHRA Definition can have a broader impact on defining and preventing anti-Semitism.