Iowa and Kansas Become 23rd and 24th States to Adopt IHRA Definition

On March 23, 2022, Iowa Governor Kim Reynolds signed two bills into law to combat anti-Semitism: “Today we express Iowa’s enduring support for the State of Israel and our categorical rejection of anti-Semitism,” said Gov. Reynolds. “Together, these bills send an important message: Iowa continues to stand shoulder to shoulder with the State of Israel, one of America’s most important and reliable allies, while fighting all forms of religious and ethnic discrimination.”
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One of Iowa’s new laws adopts the International Holocaust Remembrance Alliance’s Working Definition of Antisemitism (‘IHRA definition’). The IHRA definition includes examples that cross the line into delegitimization, demonization or double standards of Israel. It has become the most widely accepted tool for understanding anti-Semitism, having been adopted by more than 800 entities worldwide – including 200 just last year – according to a recent study by the Combat Antisemitism Movement and Tel Aviv University. 

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Although Iowa is not the first U.S. state to adopt the IHRA definition, its law is significant for how it codifies that the IHRA definition should be used to assess the motivation behind illegal discriminatory conduct – and can be used by law enforcement, courts, public officials and administrators to identify and investigate incidents of anti-Semitism: “In reviewing, investigating, or deciding whether there has been a violation of any law, rule, or policy prohibiting discriminatory acts, a governmental entity shall take into consideration the [IHRA definition] for purposes of determining whether an alleged act was motivated by discriminatory anti-Semitic intent.”
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Dr. Mark Goldfeder, director of the National Jewish Advocacy Center, explained that the statute cannot be used “in any way to limit or chill any person or organization’s freedom of speech…. Anyone can say whatever they want, however abhorrent, about Jews and about the Jewish state. Anti-Semitic speech is constitutionally protected—just like racist and sexist speech.” Dr. Goldfeder clarified that “so-called ‘anti-Semitism bills’ are, in fact, quite narrow. All they do is ensure that when analyzing the intent behind illegal discriminatory actions that target Jewish people…authorities consider…the world’s most well-accepted definition of anti-Semitism.” 

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The Kansas legislature also passed – unanimously – a bill adopting the IHRA definition, including all its contemporary examples of anti-Semitism. Its law states that Kansas “shall ensure that the IHRA’s Working Definition of Antisemitism is made available as an educational resource for all state agencies.” Ten other states adopted the IHRA definition on International Holocaust Remembrance Day in January. The Conference of Presidents of Major American Jewish Organizations, an umbrella body for U.S. Jewish groups, praised Gov. Reynolds and noted that Iowa was the 23rd state to have adopted the IHRA definition as a tool in defining anti-Semitism.
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The other law signed by Gov. Reynolds builds upon an existing section of Iowa’s state code that prohibits it from investing in “companies that boycott Israel.” The state expanded its definition of “company” to include subsidiaries and parent companies. The move will make it easier for Iowa to inflict subsequent punishment on Unilever over the Ben & Jerry’s controversy. Iowa is one of 35 states with laws, executive orders or resolutions that discourage boycotts against Israel. The Brandeis Center is representing Ben & Jerry’s Israel (also known as American Quality Products or AQP) and its owner in a lawsuit against Unilever and subsidiary Ben & Jerry’s US to prevent the termination of his license after 34 years. 

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Both Iowa bills will go into effect July 1, 2022.