By Adam Kovac
March 7, 2023
The Georgia House of Representatives has overwhelmingly approved a bill that defines anti-Semitism and the codification of acts against Jewish people as hate crimes.
The bill was co-sponsored by a bipartisan group of lawmakers, including Georgia's only Jewish lawmaker, Democrat Esther Panitch. It was approved by a vote of 136 to 22 on Monday, just before Purim began.
“When my parents named me Esther, they could not have imagined that I would walk the halls of the Georgia capitol in the sandal steps of the first Esther,” she said. “But maybe, like the first Esther, I’m here for this moment.”
Her statement brought to mind the famous line from the Book of Esther about Esther's destiny as savior of her people, often quoted as follows: “And who knows but that you have come… for such a time as this.”
The bill calls for the state of Georgia to adopt the International Holocaust Remembrance Alliance's definition of anti-Semitism, which is “a particular perception of Jews that may manifest itself as hatred toward Jews.” Rhetorical and physical expressions of anti-Semitism are directed against Jewish or non-Jewish persons and/or their property, against Jewish community institutions and religious institutions.”
In her speech before the vote, Panitch said she “never thought” the bill would be needed in Georgia, but recent events have highlighted its need. In February, a month after the bill was introduced, anti-Semitic leaflets were left in the driveways and mailboxes of hundreds of suburban Jewish homes in Atlanta, prompting Panitch to give an impassioned speech to the chamber about her own family's losses in the Holocaust. On Monday, Panitch mentioned the shooting of two Jewish men outside synagogues in Los Angeles and said the alleged attacker was part of the same group that distributed the leaflets.
In introducing the bill, Republican co-sponsor John Carson mentioned the leaflets and noted that dozens of other states had taken similar action, whether through legislative action or an executive order.
Carson said the bill does not restrict free speech and pointed to language that specifies protections for First Amendment rights.
“Anti-Semitic incidents are increasing and continue to increase,” he said, adding that while Jews make up less than 2% of Georgia’s population, they are the target of 60% of hate crimes.
In her remarks, Panitch referred to the recent so-called Day of Hate, in which some small neo-Nazi groups vowed to distribute anti-Semitic leaflets and stickers. In fact, only a few incidents have been reported.
The bill also included language that this definition of anti-Semitism should be taken into account when determining whether a law or policy has been violated. Georgia's criminal law already had a provision imposing harsher penalties for crimes motivated by hatred against a protected class, which includes religion.
Cheryl Dorchinsky, founding executive director of the Atlanta Israel Coalition, was present for the vote. She said the state has seen a significant increase in anti-Semitic incidents in recent years, including anti-Semitic graffiti at public schools. She said the police response was that a swastika was a sign of peace.
“But next to it it said 'The Jew,'” Dorchinsky said. “At what point do they step in and provide us with the protection we actually need?”
The bill's opponents included Democrat Jasmine Clark, who began her statement by saying, “There is no place for hate in our beautiful, diverse state of Georgia,” adding that there is no excuse for anti-Semitism. However, she pointed out that Georgia's hate crimes law does not contain similar definitions of racism against blacks, Asians or Latinos.
“Each of these groups could argue that they have been subject to an increase in violence over the years. While I certainly don’t believe in participating in the Oppression Olympics, I do believe a bill like this can inadvertently leave every marginalized group wondering where their definition stands in the code.”
Panitch responded in her own comments that the bill “does not affect the rights or interests of any other group.” Protecting the Jewish people does not come at the expense of anyone other than anti-Semites.”
She also defended the bill against accusations that it could be used to suppress criticism of Israel, saying that the IHRA definition of anti-Semitism specifically states that such speech is not anti-Semitic. But Panitch added that criticism of Israel often results in anti-Semitic speech and actions. A similar bill passed the Georgia House of Representatives in 2022 but did not make it through the Senate before the end of the legislative session.
Panitch did not respond to a request for comment.
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