Kentucky resolves to adopt IHRA, further spurring nationwide efforts to recognize the importance of defining and combating anti-Semitism

By adopting Senate Resolution 67 in the house and senate just last month, Kentucky (KY) has joined the growing list of states, including South Carolina (SC) and Florida (FL), that have committed themselves to defining and combating anti-Semitism. The resolution condemns anti-Semitism broadly, adopts the International Holocaust Remembrance Alliance Working Definition of Antisemitism (the IHRA Definition), and resolves to ensure that Kentucky is a safe space for all Jews.

It is important to note at the outset that Kentucky’s legislature has passed only a joint resolution of its two chambers, whereas Florida and South Carolina passed binding legislation. The Kentucky resolution currently does not hold binding authority and would need to be introduced by a senator or legislator next year as a bill in order to become legislation.Further, Kentucky’s resolution is broader in scope, applying not just to education, as is the case with Florida and South Carolina’s legislation, but across-the-board. Specifically, Kentucky’s resolution states, in Section 2, that, “[t]his body condemns anti-Semitic acts and statements as hateful expressions of intolerance that are contradictory to the values that define the people of the Commonwealth of Kentucky.”

Kentucky’s resolution begins with an explanation of the requirement that the Constitution places—in its First and Fourteenth amendments—on Congress to commit to the principles of religious tolerance and freedom and equal protection of the laws. It continues by detailing the increase in anti-Semitic hate crimes according to the FBI’s 2019 report and subsequently provides examples of recent anti-Semitic incidents in Kentucky. The Kentucky resolution states, in Section 1, that it “rejects the perpetuation of anti-Semitic stereotypes in the United States around the world, including the pernicious myth of dual loyalty and foreign allegiance.” It also, per Section 3, “adopts the definition of anti-Semitism from the International Holocaust Remembrance Alliance.” The IHRA Definition is currently the most prominent definition of anti-Semitism and widely accepted educational tool worldwide for understanding and recognizing the many manifestations of anti-Semitism. Kentucky’s adoption of the IHRA Definition is an important step towards combating anti-Semitism because it shows Kentucky’s awareness of this formidable and urgent problem, which manifests in many different forms. By adopting the IHRA Definition, the resolution also signals a rejection of anti-Semitic stereotypes and strong condemnation of anti-Semitic attacks and statements.

Kentucky’s resolution includes language similar to that of recent legislation passed in Florida and South Carolina, particularly in the provided definition of anti-Semitism. The KY, SC, and FL definitions of anti-Semitism are nearly identical. That said, there are significant differences between the KY resolution and the South Carolina and Florida legislation.

South Carolina’s discussion of anti-Semitism and its definition is most recently included as a rider to the 2021-2022 Annual State Budget Bill, nestled within section 11 and pertaining to The Commission on Higher Education. Section 11.19 of South Carolina’s budget bill explicitly states that the Commission on Higher Education needs to “print and distribute to all South Carolina public colleges and universities the definition of anti-Semitism,” and that the IHRA definition shall be “ take[n] into consideration…for purposes of determining whether the alleged practice was motivated by anti-Semitic intent when reviewing, investigating, or deciding whether there has been a violation of a college or university policy.”

Kentucky’s resolution, in contrast, omits any discussion of campus life, barring a passing mention that “there is an urgent need to ensure the safety and security of Jewish communities…[in] schools.” For further comparison, Section 7 of the Florida legislation advances that “[a] public K-20 educational institution must treat discrimination by students or employees or resulting from institutional policies motivated by anti-Semitic intent in an identical manner to discrimination motivated by race.” The Florida and South Carolina documents are therefore focused on preventing and combating discrimination in the form of anti-Semitism within their public-school systems, whereas Kentucky’s resolution is a broader refutation of anti-Semitism in the commonwealth as a whole.

The efforts to adopt IHRA in KY and the legislation passed in FL and SC are part of an increasing recognition by communities across the country and the world that in order effectively address anti-Semitism, the problem needs to be clearly defined and identified. North Hempstead joined the Town of Hempstead, Town of Oyster Bay, and the City of Glen Cove as the most recent municipality in Long Island to adopt the IHRA Definition. At Georgia’s Kennesaw State University and Syracuse University just last week, the adoption of the IHRA Definition brought about a sense of security and inclusion for Jewish leaders and students on those campuses.

The adoption of the IHRA Definition in communities throughout the country continues to be an important way to support and uplift Jewish communities, and it reminds both Jews and non-Jews alike that combating anti-Semitism is a fight that every well-meaning and decent person should support.

* JIGSAW Fellow Or Tur-Sinai Gozal contributed to this piece.