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An Israel analyst’s best- and worst-case scenarios for the new right-wing government

(JTA) — The recent Israeli elections, the fifth in less than four years, returned Benjamin Netanyahu to the driver’s seat for the third time.

The twice and future prime minister appears able to cobble together a coalition that has been called the most right-wing in Israeli history. It will include three far-right and two haredi Orthodox parties, and his partners include the far-right Religious Zionism party and its leader Bezalel Smotrich, who has sucessfully pushed for a heavier hand in controlling Israeli policies in the West Bank; Itamar Ben-Gvir, head of the extremist Otzma Yehudit party, who is due to head a new National Security Ministry that will be given authority over Border Police in the West Bank; and far-right Knesset member Avi Maoz, whose Noam party campaigned on a homophobic and anti-pluralistic platform.

These developments have cheered the American Jewish right, which has long called for Israel to consolidate its power in — if not outright annex — the disputed territories of the West Bank that are home to 480,000 Israeli settlers and 2.7 million Palestinians, of whom 220,000 live in East Jerusalem. 

For Jews on the center and left, however, the results have prompted anxiety. If the two-state solution has long looked out of reach, many were at least hoping Israel would stay on a centrist path and maintain the status quo until Israelis and Palestinians seem ready for their long-delayed divorce. American Jewish leaders are worried — privately and in public — that Jewish support for Israel will erode further than it has if Jews become convinced Israel doesn’t share their democratic and pluralistic values.

I spoke this past week about these issues and more with Michael Koplow, the chief policy officer of the Israel Policy Forum and a senior research fellow of the Kogod Research Center at the Shalom Hartman Institute of North America. The IPF supports a viable two-state solution, and Koplow acknowledges that he agrees with “almost nothing that I’m going to see from this Israeli government.” But he remains one of the most articulate analysts I know of the high stakes on all sides. 

Our conversation was presented as a Zoom event sponsored by Congregation Beth Sholom, my own synagogue in Teaneck, New Jersey. The transcript below has been edited for length and clarity

Jewish Telegraphic Agency: What are the far right’s big asks, and what might we expect to see going forward? 

Michael Koplow: There are a few issues that are really coming to the fore. The first is judicial reform. There’s a longstanding complaint among the Israeli right that the Israeli Supreme Court is perceived to be left-leaning — the mirror image of what we have here in the United States. Secondly, the Supreme Court is perceived by many Israelis to be an undemocratic institution, because it is an appointed body. In Israel, you have a selection committee for the Supreme Court that is actually composed mostly of sitting Supreme Court justices and members of the Israeli Bar Association. A common complaint is that the Knesset is a democratic body selected by the people and it’s hampered by this undemocratic body that gets to dictate to the Knesset what is legal and what is not.

And so for a long time on the Israeli right there has been a call to have a bill passed that would allow the Knesset to override Supreme Court decisions. At the moment, there’s no recourse. The ultra-Orthodox parties in Israel have long sought exemptions for haredi Israelis to serve in the IDF and the Supreme Court has consistently ruled that ultra-Orthodox members of Israeli society can’t get a blanket exemption. A Supreme Court override bill would allow the Knesset to exempt the ultra-Orthodox from serving in the IDF. For the more right-wing nationalist parties, particularly Religious Zionism, the Israeli Supreme Court has ruled on multiple occasions that settlements cannot be established on private Palestinian land in the West Bank. Their main interest in a Supreme Court override is so that they can pass laws that will effectively allow settlements anywhere in [the West Bank’s Israeli-controlled] Area C, whether it’s state land or private Palestinian land.

Is Netanyahu interested for these same reasons?

Netanyahu is to a lesser extent interested in these things, but right now he’s on trial for three different counts, all for fraud and breach of trust, which is the crime that Israeli politicians get charged with in matters of corruption. He’s also in trouble for bribery. One of the things that he wants to do is to pass something called the “French law,” which would bar sitting Israeli prime ministers from being investigated and indicted. And in order to do that, he almost certainly will have to get around the Supreme Court.

The second thing that I think we can expect to see from this prospective coalition has to do with the West Bank. In late 2019 and early 2020, there was a lot of talk in the Israeli political sphere about either applying sovereignty to the West Bank or annexing the West Bank. This happened also in conjunction with the release of the Trump plan in January 2020, which envisioned upfront 30% of the West Bank being annexed to Israel. 

This all got shelved in the summer of 2020, with the Abraham Accords, when the Emirati ambassador to the United States wrote an op-ed where he said to Israelis, “You can have normalization with the UAE or you can have annexation, but you can’t have both.” Israelis overwhelmingly wanted normalization versus West Bank annexation. Between 10% and 15% of Israeli Jews want annexation, so this annexation plan was dropped. In the new coalition, annexation is back, but it’s back in a different way. Bezalel Smotrich is a particularly smart and savvy politician, and understands that if you talk about annexation or application of sovereignty on day one, he’d likely run into some of the same problems — from the United States and potentially from other countries in the region. And so the way they’re going about it now is by instituting a piecemeal plan that will add up to what is effectively annexation. 

How would that work?

For starters, there is a plan to legalize illegal Israeli settlements, and when I say illegal, I mean illegal under Israeli law. There are 127 settlements in the West Bank that are legal under Israeli law, because they had been built on what is called state land inside of the West Bank, and because they’ve gone through the planning and permitting process. In addition, there are about 205 illegal Israeli outposts and illegal Israeli farms, containing somewhere between 25,000 and 30,000 Israelis. And what makes them illegal under Israeli law is that they were all built without any type of Israeli government approval. In many of these cases, they’re also built on private Palestinian land. 

The first part of this plan is to legalize retroactively these illegal outposts. The coalition agreement that has already been signed between Likud and Religious Zionism, Smotrich’s party, calls for, within 60 days of the formation of the government, the state paying for water and electricity to these illegal outposts. I should note there already is water and electricity to these illegal outposts, but it’s paid for by the regional settlement councils. This would have water and electricity paid for by the Israeli government, and then within a year to retroactively legalize all of them. That’s step number one. 

Step number two has to do with the legal settlements inside the West Bank. There is a body called the Civil Administration, which is the body that is in charge of all construction for both Israelis and Palestinians in Area C, the 60% of the West Bank that is controlled entirely by Israel. As part of the agreement between Likud and Religious Zionism, Smotrich is going to be finance minister, but also appointed as a junior minister in the Defense Ministry, and he will control the Civil Administration and will be in charge of all settlement construction in the West Bank. He will also have the power to decide whether Palestinians can build in Area C and whether Palestinian structures in Area C that were built without a permit can be demolished. And so this will almost certainly be increasing at a very rapid rate. The Supreme Planning Committee that plans West Bank settlement construction normally would meet about four times a year, and under the [current] Bennett/Lapid government it only met twice, but Smotrich said in the past that he would like to convene it every single month. So the pace of settlement construction is almost certainly going to grow at a pretty rapid pace. 

What will Itamar Ben-Gvir, an acolyte of Meir Kahane, the American rabbi barred from Israel’s parliament in the 1980s because of his racism, gain in the government?

Itamar Ben-Gvir is the head of Otzma Yehudit, the Jewish supremacist party that now has six seats in the Knesset. As part of his negotiations with Netanyahu, he is going to be appointed to a new position known as the “national security minister,” which is currently called the public security minister, but they’ve increased its powers and renamed it. They’ve also given this new ministry control over the West Bank border police, who operate in the West Bank. And they’re also giving this minister power over the police that normally belongs to the police commissioner. And so Ben-Gvir, who I should note has seven criminal convictions on his record, including one for support of a terrorist organization and incitement to racism, is going to be the minister who’s in charge of the police — not only inside of Israel, but he’ll be in charge of the police who operate in the West Bank and who operate on the Temple Mount. 

Michael Koplow is the chief policy officer of the Israel Policy Forum and a senior research fellow of the Kogod Research Center at the Shalom Hartman Institute of North America. (Courtesy IPF)

And this is important because Ben-Gvir is one of the figures in Israel who has talked a lot about changing the status quo on the Temple Mount, probably the most sensitive spot in the entire world, and certainly the most sensitive spot anywhere between the Jordan River and the Mediterranean Sea. Which is why Israeli governments, including very right-wing governments, have not changed the status quo [allowing Jews to enter the Muslim-administered mount, but pray there], certainly not formally. He’s also talked about increasing his own visits to the Temple Mount. 

And he’s also talked about changing the rules of engagement for Israeli police, whereby they would be allowed to shoot anybody on sight, for instance, who’s holding a stone or holding a Molotov cocktail. Right now the current rules of engagement are that people like that can only be shot if they present an imminent and serious threat to a soldier or police. Changing that is certainly going to have an effect on relations between Israelis and Palestinians and likely lead to the types of clashes we’ve seen in Jerusalem over the past few years.  

This is all very good news for folks who want to solidify Israeli control in the West Bank. It’s not such good news for people who support more autonomy for the Palestinians and certainly support the two-state solution — and I think I can include the Israel Policy Forum in the latter camp. I want to hear your thoughts on what you’ve called the best-case scenarios and the worst-case scenarios, and on where Netanyahu fits in.

When I say best-case scenario, I mean in terms of preserving the status quo, because a best-case scenario where you’d actually have an agreement between Israelis and Palestinians is nowhere. It’s not in any conceivable future. 

I think the best-case scenario would be that Netanyahu understands Israel’s place in the international system and he understands how issues inside the West Bank impact Israel’s foreign relations. This is somebody who has served as Israeli prime minister longer than anybody else. He was prime minister when the Abraham Accords came into being, and that accomplishment is rightfully his. Netanyahu understands these factors and has a long history of being very cautious as prime minister. He’s not a prime minister that uses force. He’s not a prime minister under whom Israel has undertaken any major military operations outside of Gaza. I think that it’s not unreasonable to think that his history of relative caution isn’t just going to go away. And that means doing things to make sure that the fundamental situation in the West Bank doesn’t get overturned. 

Netanyahu is operating in a political context in which his voters and voters for the other parties in his coalition do expect some real radical changes. Interestingly, however, part of this agreement with Religious Zionism is that everything has to be approved by [Netanyahu], and so there will be a mechanism for Netanyahu to slow some things down. I think that there is a situation in which he lets things proceed at an increased pace, but doesn’t do anything to really fundamentally alter the status of the West Bank. 

I also think that voters voted for Religious Zionism and Otzma Yehudit not because they’re looking for big, massive changes in the West Bank or an explosion in settlement construction, but because they were voting on law and order issues. Many Israelis are still very shell-shocked, literally and figuratively, by the events of May 2021, particularly the riots that broke out in mixed Israeli cities. And despite the fact that Itamar Ben-Gvir was blamed by the police commissioner at the time for instigating some of the violence in mixed cities, he ran a very effective campaign where he said, “Vote for me and effectively I will restore order.”

That leads to the reasonable best-case scenario of plenty of things happening that will cause friction with the United States and plenty of things that will cause friction with the Palestinians, but nothing that can necessarily be undone by a different government down the road. 

And the worst-case scenario, from your perspective?

The worst-case scenario is all of these things that Smotrich, in particular, wants to carry out leads to the collapse of the Palestinian Authority. Based on my own experience in the West Bank in recent months, the Palestinian Authority has fundamentally lost control of much of the northern West Bank. In many places they have chosen not to engage in many ways. They effectively operate in and around Ramallah, and have a token presence in other spots, but don’t really have the power to enforce law and order. They’re under enormous political strain.

As a very quick refresher, the West Bank is divided into three areas, A, B and C. In theory, Area A is supposed to be entirely under the PA control and where you have between 1.3 and 1.5 million Palestinians. If the Palestinian Authority collapses, that means that Israel must go in and literally be the day to day governor and mayor of Area A and all its cities, providing services to 1.3 million Palestinians. It means acting as traffic cops, dealing with all sorts of housing and construction and literally everything that municipal governments do that Israel has not done in Area A in almost 30 years. 

Does Israel even have that capability?

The standard is that 55% of all active-duty IDF soldiers are currently stationed in the West Bank. If the Palestinian Authority collapses it’s not hyperbole to say that every single active-duty IDF soldier will have to be stationed in the West Bank just to run things, just to maintain basic law and order. That means not having IDF soldiers on the border with Egypt, on the borders with Syria and Lebanon. It will effectively have turned into nothing but a full-time occupation force. And that’s Option A.

Option B is that Israel elects not to do that. And then Hamas or Islamic Jihad steps into the vacuum, and they become the new government in the West Bank. And at that point, everything that you have in Gaza, you have in the West Bank, except for the fact that the West Bank is a much larger territory. It cannot be sealed off completely. This is literally the nightmare scenario not only for Israeli security officials, but for Israeli civilians. And that’s even before we talk about the impact that will have on terrorism and violence inside of Israeli cities inside the green line, let alone what happens in the West Bank. 

The United States and the European Union, and the U.N., presumably, won’t stand idly by through a lot of these changes. What leverage do they have and can they use to maintain the status quo?

The U.S. and E.U. are going to have some pretty clear, very well-defined red lines. I think it’s reasonable to expect that the Biden administration and many members of Congress will put the formal declaration of annexation as a red line. The same goes for European countries. But certainly the Biden administration doesn’t want to be in a position where they are getting into constant fights with the Israeli government. The administration rightly views Israel as an ally and an important partner and wants to maintain military and security and intelligence cooperation with Israel in the region. All those things benefit U.S. foreign policy. This is not an administration and certainly there isn’t support in Congress for things like conditioning security assistance to Israel or placing new usage restrictions on the type of weapons that we sell to Israel. And so there isn’t a huge amount of leverage in that department. 

But I do think we’re going to see more diplomatic and political-type measures. People remember the controversy that ensued in December 2016 at the United Nations when the Obama administration abstained from a Security Council resolution on Israeli settlements. I think that if some of these measures go ahead, on the Israeli side, there’s a good chance that we will see the United States once again abstain from some measures in the Security Council. At the moment, the Israeli government has been working very hard to get the United States to help with [thwarting] investigations into Israeli activity in the West Bank in the International Criminal Court and the International Court of Justice. I think that those sorts of things become a lot harder if Israel has fundamentally changed the status of the situation in the West Bank. 

There are probably all sorts of trade relationships with the European Union that may be at risk. One big factor here is the other states in the region, the Abraham Accords states. There’s reason to think that they may act as a check on the Israeli government, given the popularity of normalization among Israelis, and given the fact that the UAE was the party that really stepped in and prevented annexation from taking place in the summer of 2020. In a country like Saudi Arabia, where you have a population of between 25 and 30 million, or Iraq or Kuwait, [the far right’s agenda] makes normalizing relations with those countries very, very difficult, if not impossible, and it’s possible that Netanyahu will use that also as a way to try and appeal to some of his coalition partners. 

Another outside partner is Diaspora Jewry. A vocal minority of American Jewry supports the right-wing government, but a majority would support a two-state solution. They connect to Israel with what they see as a shared sense of democracy and liberal values. Does Netanyahu and his coalition partners think at all about them and their concerns? Do those Diaspora Jews have any leverage at all in terms of moderating any of these trends?

The short answer is not really. The parties in a prospective coalition are not ones that historically have cared very much about the relationship with the Diaspora. Haredi parties are not concerned about the erosion of liberal values inside of Israel or the situation in the West Bank for the most part. And parties like Religious Zionism and Otzma Yehudit really don’t care what American Jewry thinks about much of anything. We’ve already seen demands in some of these coalition agreements to amend the Law of Return, where right now, anybody who has one Jewish grandparent is eligible to be an Israeli citizen. These parties have been requesting that it be amended so that you are only eligible if you are halachically Jewish, meaning you have a Jewish mother [or have converted formally].

North American Jewry is a real asset to the State of Israel given its role traditionally in supporting the state economically and politically. And yet over the past decade and a half there have been repeated comments [among Israeli politicians, including Netanyahu’s ambassador to the United States, Ron Dermer] that it’s more important to be making inroads with evangelical Christians than with North American Jews, given the politics of evangelical Christians and given their size.

Many American Jews, particularly from the Reform and Conservative denominations, have already been angry that Israel doesn’t fully recognize the authenticity of non-Orthodox Judaism, and that an agreement to create a permanent egalitarian prayer space at the Western Wall has been repeatedly shelved under pressure from Israel’s religious right.   

We are in for a tough time in terms of Diaspora-Israel relations. You know, it’s not just about the issues that have been on the table over the past few years that have been disappointing to Diaspora Jewry, whether it be the Western Wall arrangement, whether it be recognition of Conservative and Reform Judaism inside of Israel, whether it be things like the Law of Return, which now seems to be under threat. In general, this question of values, which has been a big deal, is going to be even more front and center. Many American Jews have looked at Israel and thought of it as a place that shares liberal values with the United States. To some extent, that’s been historically accurate. But that picture, whether it’s accurate or not, is going to be under incredible strain.

What about within Israel? Are there any countervailing powers that might moderate the far right — professional military leadership, major business leaders, other opinion-makers outside the political process?

Thankfully, there is no history of IDF leadership interfering in the political decisions of elected civilian leaders in Israel. I hope that will continue. The way the security establishment has generally dealt with these sorts of things is by presenting a united front when they speak to the political leadership and give their opinions and advice and warnings about what might happen. They tend to be very savvy at leaking those opinions to the media. I’m certain that that sort of thing will continue. We already saw some discord over the past week between IDF leadership and some of the members of the prospective new coalition over disciplinary measures that were taken against soldiers who were serving in Hebron, one of whom punched a [Palestinian] protester, another who verbally assaulted a protester. And that can be a moderating influence, but I actually do not expect to see the military leadership stepping in any way in preventing something that the government may want to do. 

The biggest check will be Israelis themselves. There was something else interesting that happened [last] week: Avi Maoz, who was the single member of Knesset from Noam, which is one of these three very, very radical right-wing parties, was appointed as a deputy minister in the prime minister’s office, and he was given control over effectively everything in education that is not part of the core curriculum and Israeli schools — like culture and Jewish identity issues. And that led to a revolt from Israeli mayors. You’ve had over 100 mayors of over 100 municipalities signing a letter saying that they are not going to be bound by Maoz’s dictates on curriculum. And this includes right-wing cities. I think that the most effective check is going to be government overreach, which leads to a backlash like this among Israeli citizens and among Israeli politicians who are not members of Knesset. 

We’ve covered a lot of ground. Is there something we haven’t touched upon?

It’s really important that people don’t look at what’s taking place in Israel, throw up their hands and say, “You know, there’s nothing we can do to change this and Israelis are increasingly uninterested in what we think and so we’re going to disengage.” To my mind, the relationship that American Jews have to Israel is too important to just throw up our hands and say it doesn’t matter. 

If we take American Jewish identity seriously, and we take the American Jewish project seriously, we have to think about two things. First, how we build an American Jewish identity that’s uniquely American. But second, how we preserve some sort of relationship with Israel, even when we see things coming from Israel that don’t speak to our Jewish values. We’re living in a time where we have an independent Jewish state with Jewish sovereignty in the Jewish homeland. This is a historical anomaly. If we turn our backs on that, despite all of the difficulties, it really would be a tragedy and catastrophic for American Jewish identity. 

If you don’t like what you see going on in Israel, try to figure out what your relationship with Israel will look like and how to have a productive one. And that doesn’t have to mean supporting everything the Israeli government does. I consider myself you know, somebody who is a strong Zionist, strongly pro-Israel. It’s a place that I love. I agree with almost nothing that I’m going to see from this Israeli government. But I’m still able to have a strong, meaningful relationship with the State of Israel, and I hope that people are able to do the same, irrespective of the day-to-day of Israeli politics.


The post An Israel analyst’s best- and worst-case scenarios for the new right-wing government appeared first on Jewish Telegraphic Agency.

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Are You Jewish? California considers asking on official state forms

Ever since the Holocaust demonstrated the danger of appearing on state registries, many Jews have been wary of self-identifying to the government.

But a bill racing through California’s state legislature would let Jewish people do just that — and it was a coalition of Jewish groups who proposed it.

California’s SB 1387 would mandate that any California agency collecting demographic data on ethnicity — whether on unemployment forms or college applications — add an option for Jewish ancestry.

Its supporters say the benefits of having data about the Jewish population will allow the state and Jewish community groups to better support them. The increase in antisemitic hate crimes during the Israel-Hamas war provided the initial thrust, according to California State Sen. Henry Stern, who introduced the bill.

“We were reaching for data that we didn’t have,” Stern told the Forward. “We had the data on hate crime incidents, but we didn’t have the demographic data to show that for such a small population with this number of incidents, you’ve got a serious problem.”

The bill has already passed in policy committees in both houses of the California state legislature. Just one more committee review remains before the bill heads to the Senate and Assembly floors.

Passing the bill would make California the first state to track Jewish identity as part of its demographic data.

What good can come of tracking Jews? 

While many Americans think of Judaism primarily as a religion, many Jews have long understood themselves both as a religious community and as a people with shared ancestry.

That sentiment is reflected in a 2021 Pew Research Center survey, which found that American Jews are more likely to describe being Jewish in terms of culture (55%) or ancestry (52%) than religion (36%). According to the same survey, only one in 10 Jewish Americans say being Jewish is only a matter of religion.

David Bocarsly, CEO of Jewish California, a coalition of Jewish federations, synagogues and other nonprofits advocating for the bill, said collecting data on Jewish ethnicity would help challenge other common assumptions about the community.

“The assumption is often that the Jewish community is a monolithically white, wealthy, and successful community,” Bocarsly said. “I think there are a lot of Jewish community members who would fall into that category, and a lot who wouldn’t. This would paint that more complicated picture.”

Stern told the Forward the information could have practical applications across a range of policy areas, from public health to education.

He says the data could help public health officials identify communities that would benefit from targeted education and genetic screening programs for conditions that disproportionately affect some Jewish populations, such as Tay-Sachs disease and BRCA1 and BRCA2 gene mutations linked to hereditary breast and ovarian cancers.

It also could close an education gap in California schools. Stern pointed to what he described as inconsistent Holocaust education across California districts. Knowing how many students identify as ethnically Jewish, he argued, could encourage districts to incorporate more Jewish history and culture based on the makeup of their student body rather than in response to state mandates.

“We know that good data creates good policy, so this will allow us to be able to inform better policy in the future,” said Bocarsly. “The goal of this isn’t to get more resources for our community; it’s to get the right amount of resources for our community.”

Opposition to the bill

Opponents and those who are wary of the bill cite concerns ranging from moral to technical.

Amid rising antisemitism, Bocarsly acknowledged concerns that the data would turn into a government-owned list of Jews. Some worry that a Jewish box would “flatten” multiethnic identities. And what about people who are religiously Jewish but not ethnically, like converts or adoptees?

Bocarsly said the law would account for that. Because the data collected on these forms is disaggregated, it can only be presented in statistical form and without personal identifiers — the same way sexual orientation or transgender identity is treated on state forms. Participation would remain voluntary, and respondents could select multiple ethnic identities. Checking any box remains optional, as per existing state law.

Most of the opposition has come from pro-Palestinian Jewish groups like Jewish Voice for Peace and Bend the Arc.

In its statement of opposition, Jewish Voice for Peace-Bay Area said that treating only one religion as an ethnicity is “legally inconsistent and factually wrong.” The best way to count and analyze the Jewish population, it said in an official opposition letter, was through scientific polling by organizations like the Pew Research Center.

Diana Scott, chair of Workers Circle NorCal, a secular Jewish social justice organization, questioned both the cost and necessity of the proposal. She argued that demographic checkboxes were originally intended to advance diversity efforts in areas such as education and said she does not believe Jews currently face the same lack of representation that justified those programs.

“Why should this data suddenly be collected at a time when we are doing away with diversity programs?” Scott told the Forward. “The original purpose of these checkboxes, at least in education, was to make sure there were programs representing people who weren’t being represented. I don’t think that’s the case right now for Jews.”

Scott also said the bill would cost money that could be better spent on programs benefiting a broader range of Californians, including Jews.

But Stern, who is Jewish, said he believes some of the objections are more personal than based on the substance of the bill.

“They see a member of the Jewish caucus, especially me, who’s been very outspoken in support of Israel,” the senator said. “I think if this bill might have been carried by someone else, maybe it wouldn’t even have attracted that kind of opposition.”

Bocarsly said that surveys like Pew’s cannot provide critical information useful to policymakers. While Pew’s studies of American Jews are conducted only periodically and rely on sampling, the California data would be collected on an ongoing basis through state administrative systems.

More importantly, he said, Pew does not measure outcomes such as health, educational attainment, incarceration, or poverty among Jewish Californians – data that would be essential for informing state policy.

How will the data be protected? 

But the bill’s intention of collecting more detailed data on Jewish constituents to help produce better policy also raises a sensitive question: How securely can the government protect those who check the Jewish box?

John M. Abowd, an expert on privacy-protected data publication and the former chief scientist at the United States Census Bureau, told the Forward that he believes concerns about government collection of racial and ethnic data are legitimate.

Although any demographic data released publicly would be aggregated and would not identify individual Jews by name, Abowd said that alone does not guarantee anonymity. By combining geographic and demographic characteristics, such as age, sex, and household composition, a skilled analyst may still be able to identify individuals included in a statistical dataset.

At the same time, Abowd says there are several legal protections designed to control the government’s use of voluntary race and ethnicity data. “Those protections in California are frankly very strong,” he explained.

Bocarsly emphasized that any identifying information would remain within the records of the agency collecting it — be it a hospital, school district or law enforcement agency — and would not be released publicly. While he acknowledged the possibility one such organization could fail to abide by confidentiality laws, California’s longstanding privacy laws mean there are serious consequences for infractions.

“California has laws on the books that protect against individual information from being shared publicly — very restrictive laws that have been on the books for 50 years,” he said. “We trust the laws more than we trust the people to uphold the laws.”

The post Are You Jewish? California considers asking on official state forms appeared first on The Forward.

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Germany could criminalize denying Israel’s right to exist. Could the U.S. follow?

As Germany considers an unprecedented law that would criminalize denying Israel’s right to exist, American free speech advocates worry the proposal could spark similar efforts in the U.S. to curb Israel-related speech.

The proposed law, which passed Germany’s upper house of parliament last week, would make publicly denying Israel’s right to exist a crime, with a maximum sentence of five years in prison.

“We’ve now seen a trend of what’s been happening in Europe can come over to the United States,” said Kevin Rachlin, vice president of government relations at the Nexus Project, which describes its mission as both fighting antisemitism and protecting free speech.

He said denying Israel’s right to exist can be antisemitic, yes, but not always.

“If we are going that whole step of making it punitive and punishable by law — that’s why we have our First Amendment to protect us from that.”

The bill specifies that the speech would be criminalized only if it would reasonably encourage “a willingness to commit acts of antisemitic violence.”

But not everyone will agree on what that means, said Michel Rosenfeld, a professor of law and comparative democracy at Yeshiva University’s Cardozo School of Law. A memo accompanying the bill includes as examples chanting “From the river to the sea, Palestine will be free,” or displaying maps in which Israel is replaced by a Palestinian state.

The Foundation for Individual Rights and Expression, an American free speech watchdog, has warned that similar laws could come to American soil.

“We can expect similar bills and regulations to pop up across borders,” the foundation said in a statement. “That’s why the First Amendment is so vital — it can act as a bulwark against speech restrictions that have advanced in other nations from doing the same here.”

In the United States, such a law would be a blatant violation of the First Amendment, scholars say. But Germany, where Holocaust denial, Nazi symbols, and even public insults are already criminal offenses, has long drawn the boundaries of protected speech differently.

“Under German law, antisemitic pronouncements amount to hate speech and can be criminalized,” Rosenfeld said. “In the United States, you can say antisemitic things as much as you want. It’s free speech.”

In Germany, supporters of the bill have argued that antisemitism is occurring “openly on our streets” and pointed to the surge in antisemitic incidents post-Oct. 7 as evidence that stronger measures are needed. Just this week, a 65-year-old German man was assaulted and left with life threatening injuries after an argument over an Israeli flag pin he was wearing, according to German authorities.

Those incidents are why Shannon Seban, director of European affairs for the Combat Antisemitism Movement, hopes the German bill will serve as a model.

“Our judicial system needs to evolve in order to adapt to this new reality, and to the fact that you have contemporary forms of antisemitism,” Seban told the Forward. “I hope that plenty of other European countries will now adopt such a law.”

But that prospect worries some Jewish Americans, who argue that prison time for anti-Zionist speech is a bridge too far. Even organizations that have argued anti-Zionism can veer into antisemitism have generally not envisioned such speech as the basis for criminal prosecutions.

“I have a real issue of criminalizing any thought or speech, regardless of what it is,” Rachlin said.

The German context

According to Rosenfeld, the bill should be understood in the context of Germany’s postwar constitutional order. In the aftermath of World War II, the Allied powers outlawed the Nazi Party and banned its symbols as part of the country’s “denazification.” Those restrictions were later incorporated into German law, reflecting the country’s commitment to preventing the reemergence of Nazism.

That history shapes Germany’s relationship with Israel. The two countries maintain what German officials describe as a “special relationship,” borne out of Germany’s responsibility for the Holocaust, with Berlin defining Israel’s security as part of its Staatsräson, or reason of state.

“In Germany, the Jewish state and standing for the Jewish state is particularly important in that it’s, if you wish, an inescapable outgrowth of the Nazi period,” Rosenfeld said.

Israel’s Ambassador to Germany, Ron Prosor, lauded the bill as a signal that “those who deny Israel’s right to exist and spread antisemitic incitement will not get away with it unpunished.”

The legislation may also reflect broader anxieties about Germany’s political trajectory. The far-right Alternative for Germany, or AfD, whose leaders campaigned on belittling Germany’s efforts to atone for the Holocaust, is now the second-largest party in the country’s parliament. A campaign to ban the party as unconstitutional has gained momentum, though faces an uphill battle given the AfD’s popularity.

But even this latest bill to criminalize denying Israel’s right to exist might not pass Germany’s constitutional test.

According to Rosenfeld, whether German courts uphold the proposal will depend in part on how they characterize anti-Zionism. If judges conclude that denying Israel’s right to exist is necessarily antisemitic, they would be more likely to view the restriction as constitutional and a part of Germany’s historic responsibility, he said.

On the other hand, if a judge understands anti-Zionism as political speech, then the bill would likely be struck down.

“It would be unconstitutional because not only is that a political opinion, but it would single out Israel,” he said. “In other words, to say that the United States should not exist, or that Cuba should not exist and the United States should take it over, that Canada should be the 51st state of the United States — you can say all these things, but you can’t say that Israel should not exist?”

But others don’t see any inconsistency. Seban, a French politician who spoke out against antisemitic comments directed at her during her campaign, maintains she supports free speech as “a fundamental principle of our democracy.”

At the same time, Seban said she doesn’t view the language the bill targets as deserving of legal protection.

“When you would like to erase a country from the map, a country that has been recognized by international organizations and such, it’s no longer free speech. It’s a call to violence. It’s a call to destroy states. It’s a call to erase people,” Seban said. “So there is no free speech anymore.”

‘Non-legally binding’

For years, antisemitism watchdog groups like the Anti-Defamation League have advocated for U.S. states to pass legislation adopting a definition of antisemitism that treats most expressions of anti-Zionism as antisemitic.

But it was always with a caveat: the definition, written by the International Holocaust Remembrance Alliance, would be “non-legally binding.”

In practice, that meant institutions such as schools, branches of government, or law enforcement could use the definition as a training tool or guideline to help identify antisemitism — not for criminal prosecution.

For example, on its website, the ADL says it “does not support the adoption and application of the IHRA Definition in a manner that would create new categories of legally prohibited speech that are subjected to either civil or criminal penalties – something we believe the First Amendment and principles of free speech would prevent.”

The ADL did not respond to the Forward’s question about its stance on the German bill, instead directing the Forward to speak with the Central Council of Jews in Germany, which backs the bill.

“Freedom of expression is a fundamental right of the utmost importance and a vital safeguard of our democracy,” Katharina Glinder of the Central Council of Jews in Germany wrote in a statement to the Forward. “Yet it, too, is subject to legal limits and must yield where human dignity is violated. Anyone who calls for the annihilation of peoples or the destruction of entire nations must not be allowed to hide behind fundamental freedoms with impunity.”

Glinder added that the bill could “serve as a model for other liberal democracies to follow.”

Remko Leemhuis, director of the Berlin office of American Jewish Committee, which also supports the IHRA definition as “non-legally binding,” said in a statement that AJC supports the German bill, “provided it is designed to withstand constitutional scrutiny.”

Meanwhile, the Nexus Project — which wrote an alternative definition of antisemitism that does not classify all anti-Zionism as antisemitism — has argued that lawmakers undermine the premise that IHRA is “non-legally binding” when they codify it in legislation.

Rachlin said Germany’s proposed bill illustrates that slippery slope, calling it the logical next step after the country codified the IHRA definition into law in 2017. He said he wouldn’t be surprised if such a proposal to criminalize anti-Zionism cropped up in the U.S. — though that doesn’t mean it would pass constitutional muster.

“Could this happen at the federal level? Maybe. Could it happen at the state level? I could see that happening,” Rachlin said. “Would it be challenged? Yes.”

Yet Rachlin also acknowledged that his commitment to a more absolutist version of free speech stems from what may be a distinctly American tradition.

“I can hate what you say, but I’ll defend it because you have the right to say it,” Rachlin said. “That’s kind of the American viewpoint on this. In Europe, it’s a very different game.”

The post Germany could criminalize denying Israel’s right to exist. Could the U.S. follow? appeared first on The Forward.

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Mamdani isn’t the real resistance against Netanyahu — Israelis are

If you, like so many American Jews this week, are focused on New York Mayor Zohran Mamdani’s video message urging protests against Israeli Prime Minister Benjamin Netanyahu when he visits the city in September, you’re missing the real story.

Pay attention, instead, to what is happening thousands of miles away — not in Manhattan, but in Israel, where the latest polls show Netanyahu and his ruling coalition trailing badly.

In New York, it’s the same old story: Israel guilty, Palestinians blameless, nothing in between. In Tel Aviv and Jerisalem, in Nazareth and Eilat, something else is brewing: change, maybe even hope.

Gadi Eisenkot — the former IDF chief of staff who broke with Netanyahu’s government over the Gaza War — now leads a new party, Yashar. Projections suggest his bloc would win 59 seats if the election were held today, compared to 51 for Netanyahu’s ruling coalition, according to the latest poll,

Eisenkot also beats Netanyahu head-to-head as the preferred prime minister, 43% to 37%.

If Eisenkot joins with Arab parties his coalition would receive 69 seats, substantially more than the 61 seats needed to govern. Though Eisenkot has not said yet whether he would link up with Arab parties, a plurality of Eisenkot’s potential voters (44%) said they would support such a move, in a country where Arab parties have only once been part of a governing coalition.

Eisenkot is no dove. He is someone who has concluded, rightly, that the threats Israel faces include the ones it’s inflicting on itself.

He has vowed to strengthen Israeli democracy and pursue diplomacy with Israel’s neighbors. His party’s platform calls for non-military national service for Arabs, something 75.8% of them favor. His likely coalition partners will include the Democrats, a smaller party expected to win 10 to 11 seats, for whom resolving the Israeli-Palestinian issue is a defining issue. “I see the conflict and the continued occupation as the greatest tragedy of our lives,” Emilie Moatti of the Democrats said at a party rally last month. “The most moral and patriotic act is to end it.”

These are the most hopeful winds to blow through Israeli politics in memory, ahead of the Oct. 27 election — the closest Israelis have come to real, structural change in years. Meanwhile, in the United States, it’s Mamdani’s admission that he lacks the power to arrest Netanyahu — and call for the federal government to do so instead — that has captured the media’s attention and consumed American Jews all week. But one of these stories is theater, the other is real.

We’ve let ourselves become consumed by an empty threat from a politician with no power to carry it out, instead of doing everything we can to support those Israelis who actually have the power to change their country.

In this farce, Netanyahu and the anti-Israel movement each need a cartoon version of the other to keep telling their one-sided story.

Imagine if Mamdani used his platform to draw attention to Makom Lekulanu, “A Place for Us All,” the only Arab-Jewish party standing for election. Instead the mayor of the American anti-Israel movement keeps the focus relentlessly on Netanyahu — because a country full of Netanyahus is a much darker story to tell, and a much more useful foil, than the complicated, pluralistic reality the polls actually show.

Netanyahu and his American supporters need Mamdani for the same reason — to paint Israel as besieged and alone, and all of Israel’s critics as clownish and illegitimate. But Netanyahu’s real critics aren’t clowns. They’re serious, Israel-loving Israelis — a former army chief among them — and they are beating him at the polls.

With Netanyahu offering voters more of the same — attacks on the judiciary, fear-mongering over Arab citizens voting and deeper dependence on his religious and far-right partners — a growing number of centrist Israelis have concluded that a Netanyahu win would put Israel’s very future at risk.

“If Netanyahu wins, it’s going to be a significant crisis, maybe a final crisis for many segments of Israeli society,” journalist Nadav Eyal said on the Jonah Platt podcast.

In this context, Mamdani’s theatrics are one more sign of how untethered the American conversation about Israel has become from what’s actually at stake on the ground. American Jews should stop reacting to him and start paying attention to the people with the power to actually change Israel’s future.

They can’t donate to Israeli political parties, but they can support Israeli NGOs that fund get-out-the-vote and voter education campaigns. They can back U.S. nonprofits that help promote better Israeli policies. And they can do the simplest thing of all: talk about this election — online, in shul, at the Shabbat table, anywhere the conversation has gotten stuck on Mamdani, which is everywhere. Doing that will add real dimension to a very stale debate.

New York voters will, in time, vote on whether their mayor’s selective obsession with Israel is making their city a better, more affordable place to live. That’s their business. But anyone who cares about Israelis and Palestinians should put their energy and focus where it really matters: on the people and movements who haven’t been this close to real, positive change in years.

The post Mamdani isn’t the real resistance against Netanyahu — Israelis are appeared first on The Forward.

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