Legislation Codifies Marcus’ 2004 Department of Education Dear Colleague Letter Washington, D.C. (May 1, 2024) – Louis D. Brandeis Center for Human Rights Under Law Founder and Chairman Kenneth L. Marcus issued the following statement in response to the U.S. House of Representatives’ approval of the long-awaited Anti-Semitism Awareness Act (AAA) to combat “soaring” anti-Semitism on college campuses: “This is the game-changing response that we’ve been waiting for. It finally establishes as a matter of law that Jewish students are protected under Title VI of the Civil Rights Act of 1964. Until now, this has been only a matter of informal guidance and an executive order. It also provides for the consistent, transparent use of the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism, and ensures that it will be applied consistent with the First Amendment. IHRA is the international gold standard for defining anti-Semitism. It has been embraced by more than 1,000 entities, dozens of countries, and more than half of U.S. states. “The legislation also gives the force of law to the Trump Executive Order on Combating Anti-Semitism. The Biden administration has said that they’re following this Order, but now it is formalized. Moreover, the Biden administration has long promised to codify the IHRA definition via regulation, but they have repeatedly missed their self-imposed deadlines. From conversations with numerous administrators, I can say that many university leaders are unaware that the IHRA definition is already woven into the Department of Education’s current, active guidance, hampering how they address soaring anti-Semitism on their campuses. Today’s monumental vote will remove all doubt. “From a federal perspective, this legislation won’t change current practice so much as it will reinforce it. From a university perspective, however, there are few U.S. universities that are consistently applying the IHRA definition in appropriate cases. This legislation should put a stop to that.” For two decades, Marcus has played a key role in helping craft and promote this policy. The AAA builds on a 2004 Department of Education Office for Civil Rights (OCR) Dear Colleague Letter authored by Marcus when he headed OCR under President George W. Bush. That letter explained for the very first time the obligations of schools under Title VI of the Civil Rights Act of 1964 to address religious discrimination and harassment, including anti-Semitism. The bill also adopts the primary public policy recommendation made by Marcus in his book, The Definition of Anti-Semitism (Oxford University Press: 2015), to codify IHRA. And he has been advocating for stronger responses to anti-Semitism ever since, including as head of OCR again under Donald Trump. The Louis D. Brandeis Center for Human Rights Under Law is an independent, unaffiliated, nonprofit corporation established to advance the civil and human rights of the Jewish people and promote justice for all. LDB engages in research, education, and legal advocacy to combat the resurgence of anti-Semitism on college and university campuses, in the workplace, and elsewhere. It empowers students by training them to understand their legal rights and educates administrators and employers on best practices to combat racism and anti-Semitism.