New Jersey Jewish organizations are criticizing the decision by the state legislature to not hold a vote on Bill A3558 before the end of the legislative session on Jan. 13, which would have codified the definition of antisemitism in the state.
The bill, which was advanced by a panel in the state’s General Assembly after several hours of debate on July 24, would have set the definition of antisemitism to the standards adopted by the International Holocaust Remembrance Alliance.
The bill would have also made the state use the IHRA definition during investigations into potential violations of anti-discriminatory acts to consider if a person’s actions were motivated by “anti-Semitic intent.”
Once reports came out that the bill, which had strong bipartisan support, did not have the votes to pass and would not be scheduled before the end of the legislative session, five New Jersey Jewish federations released a statement strongly criticizing the decision.
“This timely legislation would have established a clear, non-binding state definition of antisemitism to serve as a critical advisory tool for law enforcement, public officials, and educators in investigating hate crimes and acts of discrimination, while explicitly safeguarding constitutional free speech protections, including the right to criticize the government of Israel,” the federations said.
“A3558 would not have established any new crimes but enhanced the application of the state’s existing anti-bias statutes by providing law enforcement with an objective standard to determine if criminal conduct was motivated by antisemitic bias,” the federations continued.
Opponents of the bill stated concerns over free speech and stifling legitimate criticism of Israel.
“When a definition can turn political speech into a criminal penalty, it stops protecting communities and starts suppressing dissent. Fighting antisemitism requires clarity, nuance, and justice with enforceable measures that genuinely protect people — not a flawed and overly broad definition that punishes free expression,” Selaedin Maksut, executive director for the New Jersey chapter of the Council on American-Islamic Relations, said in a statement celebrating the bill’s defeat.
The bill’s proponents stated that the IHRA definition of antisemitism and the text of the bill allow for such criticism.
It’s been a struggle to even get the bill to this stage, as it was surprisingly tabled in June, and the July vote included hours of deliberation before passing unanimously.
Jennifer Dubrow Weiss, the chief executive officer of the Jewish Federation of Southern New Jersey, said in August that the local Jewish community was hoping that the bill would be signed into law by November.
Jewish Insider reported on Jan. 9 that outgoing New Jersey Gov. Phil Murphy, a Democrat, was a key player behind the bill’s defeat.
It reported that two sources familiar with the legislation alleged that Murphy did not want to be forced to decide on signing the bill before his term of office ended on Jan. 20.
Jewish Insider also pointed to opposition from progressive Democratic voices and potential concerns for legislators that supporting the bill might put them at risk for primary challenges.
Currently, 37 states have adopted the IHRA definition, and the federal government has as well, via direction from the Trump administration.
While the bill ran out of time for this legislative session, it is possible for the process to be restarted when former Democratic Rep. Mikie Sherrill assumes the governorship later this month.
Sherrill voiced support for the IHRA bill while on the campaign trail in May.
“I voted for the IHRA definition of antisemitism in the House, and if elected governor, I would support legislation like the current version of the New Jersey State Senate bill, which adopts the IHRA definition of antisemitism and explicitly protects the right to criticize the government of the State of Israel,” Sherrill wrote in response to a question about support for the definition on a gubernatorial questionnaire.
Despite the bill’s failure, the federations said they would continue to collaborate with the state legislature and the governor’s office to combat antisemitism and improve the lives of New Jersey residents.
“Our gratitude goes to those legislators who have championed this effort. While profoundly disappointed, JFNJ remains hopeful that legislative leaders will continue this important conversation and work with community stakeholders to identify effective, structural approaches to addressing antisemitism. Our Federations will continue to be a constructive partner,” the federations said.