South Dakota legislature accepts IHRA definition of antisemitism in new bill

South Dakota Legislature has passed a bill adopting the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism as the state's official stance on anti-Jewish bias and discrimination on Friday.

The bipartisan bill, HB 1076, was passed with overwhelming support in both the House of Representatives and the Senate.  The bill was passed with a majority of 53 to 14 in the House and 31 to 3 in the Senate.

With the passing of this bill, South Dakota has become the twelfth state to officially codify the IHRA definition, meaning the IHRA's definition will be the one used in the future for assessing cases of potential antisemitic discrimination.

23 other states have endorsed the definition through legislative resolutions and executive proclamations, but are yet to officially codify it.

This follows US Jewish organizations lobbying Congress to adopt the IHRA definition of antisemitism, in a letter on Wednesday.

Accepting a definition of antisemitism to be used in future legal cases is seen by many as crucial during the wave of antisemitism that has spiked during the current war.

According to many studies, antisemitic incidents in the US since the October 7 massacre have nearly tripled compared to the same period last year. Expectedly, anti-Israel or anti-Zionist prejudice made up a large portion of these acts.

Between Oct. 7 and Dec. 7, 2023, there were 2,031 antisemitic incidents recorded in the US, including 250 incidents specifically targeting Jewish institutions such as synagogues, Hillels, and Jewish fraternities.

The IHRA definition is broadly accepted in most institutions in the United States

The IHRA's definition of antisemitism has garnered broad support from various sectors, including national, state, and local governments, as well as major public entities. This includes endorsement by eight federal agencies such as the Departments of State, Education, and Justice. Furthermore, it has gained backing from 51 out of the 53 member organizations of the Conference of Presidents of Major Jewish Organizations.

This definition encompasses contemporary forms of antisemitism, addressing both traditional prejudices against Jews and those directed at Zionism and Israel. It clarifies that criticizing Israel in a manner similar to any other country is not considered antisemitic. However, it identifies delegitimization, demonization, and applying double standards specifically to Israel as forms of antisemitism.

The Israeli-American Council (IAC) and its legislative and policy-making sister organization, the Israeli-American Coalition for Action (IAC For Action), released statements expressing their gratitude and appreciation to the South Dakota Legislature for their decision to codify.

IAC For Action Board Chairman Shawn Evenhaim stated, "We applaud the South Dakota Legislature for taking a bold stand against antisemitic and national origin discrimination. By acting today, South Dakota is not only protecting their citizens against anti-Jewish bias and hatred, which has been at crisis levels since Oct. 7, but is also setting an example for other states around the country. IAC for Action was proud to work with Governor Noem’s office and bill sponsors Rep. Fred Deutsch and Sen. Jim Mehlhoff to resource this effort and is grateful for their leadership and heartfelt commitment."

Joe Sabag, IAC for Action’s executive director, said, "By passing HB 1076, South Dakota has sent an important message, not just within the state, but across the United States, that every form of antisemitism is unacceptable. Without the IHRA definition, our community has suffered a civil rights deficit, where perpetrators of antisemitic discrimination would target Jews and Jewish institutions and then hide behind the false pretense that they were motivated by anti-Israel politics and not anti-Jewish bigotry. South Dakota's passage of HB 1076 is an important step forward in a national effort to deal with the current antisemitism crisis we are facing.

 IAC for Action is grateful to the South Dakota Legislature, and to bill sponsors Rep. Fred Deutsch and Sen. Jim Mehlhaff,  as well as Governor Noem and her General Counsel Katie Hruska for their leadership. We are also grateful to attorney Dr. Mark Goldfeder of the National Jewish Advocacy Center for his integral role in helping draft and resource this bill, and to the South Dakota Jewish community for their strong advocacy: Stephen Alperowitz, Rabbi Mendel Alperowitz of the Chabad Jewish Center of South Dakota and Dan Lederman.”

Elan Carr, IAC’s CEO and former US special envoy to monitor and combat antisemitism, stated, “Rising Jew-hatred is a threat to all Americans, and South Dakotans today should feel deeply proud of what their government is doing to confront this scourge. The great State of South Dakota has made the clearest possible statement that we’re going to identify, confront, and call out antisemitism, and when it rises to the level of discrimination, we’re going to use the full force of the law to rout it out. I salute the South Dakota Legislature and bill sponsors Rep. Fred Deutsch and Sen. Jim Mehlhaff for their leadership in fighting for justice during these troubled times. And I continue to thank Gov. Noem for her outstanding leadership.”