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Civil Rights Act Clarified to Include Jews but More Action Needed

BACKGROUND – TALKING POINTS – ACTIONS TO CONSIDER – STORIES MAKING NEWS

There are positive signs that threats to the American Jewish community are being taken seriously. The U.S. National Strategy to Counter Antisemitism, released in May, was a historic move by the White House. Now, there is an expansion of civil rights protections for Jewish Americans. Words are being put into action but more concrete steps are still needed.

The Biden Administration recently announced that eight cabinet-level agencies are broadening their interpretation of the Civil Rights Act of 1964 to tackle antisemitism in federally funded programs and activities, just as the U.S. Dept. of Education has done since 2004.

Title VI of the Act prohibits discrimination on the basis of race, color or national origin – but not religion – in programs or activities receiving federal financial assistance. The White House decision adopts the so-called “Marcus Doctrine,” which provides protection to groups like Jewish Americans who share ethnicity or ancestry.

This announcement follows a push to expand Title VI protections by Kenneth L. Marcus, founder of The Louis D. Brandeis Center for Human Rights Under Law, to include faith-based groups, like Jews and Sikhs, among others, that have shared ethnic, ancestral or “peoplehood” characteristics. In 2004, on behalf of the US Dept. of Education, Marcus clarified that Title VI protections must extend equally to Jews to the same extent as other ethnic or racial groups.

This policy was affirmed in 2010 by the Obama Justice and Education Depts. after a concerted effort by several Jewish organizations. In 2019, this same policy became a key component of the Trump Executive Order on Combating Antisemitism. President Trump’s order extended the Marcus Doctrine beyond the Education Dept. to other federal agencies. Until this announcement, those agencies had not formally affirmed adherence to this policy.

The new Title VI protections will be applied to eight federal agencies: the Depts. of Agriculture, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Treasury and Transportation. The protections already were under review at the Depts. of Education and Justice. Islamophobia and other forms of ethno-religious discrimination also will be covered, provided that they include ethnic or ancestral bias.

The Health and Human Services Office for Civil Rights responded by asserting: “Americans deserve to receive the care they need regardless of what they look like or believe in.” HHS provided this example: “An ER patient requests that a hospital change his attending physician because the patient associates the physician’s surname with Judaism and/or Israel, and the hospital honors the request.” The reference to the doctor’s last name is an example how the civil rights of a Jewish physician can be violated based on religion, shared ancestry, ethnicity or national origins.

Jewish organizations celebrated the expansion of rights protections. The Conference of Presidents of Major American Jewish Organizations welcomed “these measures to finally ensure that antisemitism is not treated as a second-class form of bigotry in the eyes of federal agencies, particularly with regard to antisemitism on college campuses.” 

Anti-Jewish and anti-Israel discrimination continues to be a significant issue at universities across the nation. However, the Dept. of Education’s Office of Civil Rights currently is burdened with a backlog of cases and a staffing shortage. This has led to a push in Congress to increase appropriations funding.

In many instances, cases drag on for years and students graduate without resolution to their incident. “It is vital for OCR to figure out how to resolve its extensive backlog of investigations into campus antisemitism,” explained StandWithUs founder and CEO Roz Rothstein.

Some commentators, including Marcus, have argued that this policy is insufficient without also including clear guidance on how antisemitism will be defined. In 2010, the U.S. State Dept. developed an antisemitism definition which is almost identical to the one eventually adopted by the International Holocaust Remembrance Alliance (IHRA) as its working definition of antisemitism. 

President Biden’s new directive does not mention IHRA. “Applying the IHRA Working Definition helps people recognize what forms antisemitism can take,” stated Special Envoy to Monitor and Combat Antisemitism Ambassador Deborah Lipstadt, who recently released a Report on Policies, Programs, and Actions Across the Globe to Combat Antisemitism.

The Brandeis Center’s Marcus welcomed the civil rights expansion but noted that none of the eight agencies committed to using the IHRA definition: “There’s still unfinished business in terms of the administration’s approach to IHRA and making it applicable across the board.” Marcus also added that the U.S. government must fully recognize Zionism as an inalienable element of the Jewish people.

1. The U.S. National Strategy and Title VI expansions are only the first steps 

The new initiatives are commendable in the fight towards safeguarding the rights and security of American Jews. These initiatives demonstrate the government's commitment to combating anti-Jewish hatred, paving the way for increased awareness and accountability. However, a more comprehensive and sustained approach is needed. The White House, elected officials at all levels of government, business leaders, celebrities, sports leagues, cultural institutions – all Americans – must act. Only concrete actions can confront antisemitism. There are a range of resources and Jewish organizations devoted to countering anti-Jewish bigotry and promoting Jewish history, religion and culture that can be consulted by individuals and groups.

2. The IHRA definition must be included in Title VI policy

Many American Jews and supporting organizations believe the national strategy and new Civil Rights Act expansion do not go far enough in addressing the many forms of antisemitism. The failure of the eight agencies to fully adopt the IHRA working definition in their guidance materials – when it is already so widely accepted, including by the Executive Office of the President, the Education Dept., and the State Dept. – has left many leaders of the Jewish community disappointed. While these important Title VI steps are commendable, they don’t measure up to previous executive orders.

3. The Dept. of Education must act promptly to resolve cases of anti-Jewish hatred 

In recent years, escalating incidents of anti-Jewish hatred have been reported on campuses across the country, posing a serious threat to the well-being and academic experience of Jewish students and staff members. To address this pressing issue effectively, the Dept. of Education must take swift and decisive action to resolve incidents. Launching a campaign urging the Dept. of Education to complete investigations of campus antisemitism, StandWithUs CEO Roz Rothstein stated: “Jewish students who face discrimination should not have to wait until after they graduate to see their universities held accountable by the Dept. of Education.” Justice delayed is justice denied.

4. Jewish identity must be both protected and celebrated

There is a concerted effort to erase and deny shared Jewish ethnicity – especially on university campuses. Jewish identity is highly personal and means different things to different Jewish people. Jewish identity spans a wide landscape covering religion, culture, ethnicity, tradition, connection to Israel and a shared almost 4,000-year history as a people. American Jews should not fear wearing a kippah (yarmulke) or a Star of David or be forced to decide whether they should hide their Jewish identity for their own safety. Every expression of Jewish identity and culture should be freely celebrated and protected. It’s not just identity that must be protected – it’s people too.

A. Urge the U.S. Dept. of Education to complete investigations of campus antisemitism

StandWithUs launched an email campaign urging the U.S. Department of Education’s Office for Civil Rights to resolve its extensive backlog of Title VI complaints from Jewish students. The campaign also provides an opportunity to thank 86 bipartisan lawmakers who signed a letter raising this problem with U.S. Secretary of Education Dr. Miguel Cardona.   

B. Students who need to report an anti-Jewish incident have available resources

There are many organizations and resources to support you when experiencing an antisemitic event. In addition to contacting university police as needed, the ADL, StandWithUs and Stop Antisemitism provide online forms for students and staff to report a complaint. 

C. Ask your Congressional representatives to implement the National Antisemitism Strategy

Demand that elected officials, law enforcement, the media and civil society take an active stance against hatred of Jews. Contact your U.S. Representative and Senators to take the actions outlined in the U.S. National Strategy to Counter Antisemitism.

Stories Impacting American Jews

• Nazi Germany had admirers among American religious leaders – and white supremacy fueled their support; as 2024 looms, neo-Nazis are returning to the streets
• International neo-Nazi and white supremacist groups host camps during summer of 2023 to indoctrinate supporters and provide intensive combat training, including firearm and knife skills
• Ohio high school football coach resigns after players use “Nazi” in play calls; lawyer for coach: “Nazi is by no means an antisemitic slur”
• Memorials to Ukrainian Nazi allies in Detroit, Philadelphia enter spotlight after Canadian Parliament scandal; pressure mounts on Canadian government to bring Nazis in the country to justice
• Former Pink Floyd frontman Roger Waters mocked Holocaust victim, wanted to write anti-Jewish slur on inflatable pig at concert; Waters defends using anti-Jewish slur
• Four charged under new FL hate crimes law with placing swastika banners over I-4 in Orlando
• ADL report: Profiting from Hate – Platforms’ Ad Placement Problem; NFL tells Twitter/X it's concerned about placement of ads on white nationalist accounts
• More than 160 Jewish activists call on advertisers and app stores to drop X
• University of Kansas and Syracuse University hit with antisemitic graffiti incidents; University of Michigan athletes disciplined for smearing antisemitic messages outside Jewish center
• PayPal becomes third payment processor to stop working with Palestinian terror-tied group
• Man in Peru charged with making more than 150 recent bomb threats to U.S. synagogues; FBI states that he wasn’t responsible for swatting attacks
• The New Jews of Show Low, Arizona: how a pastor parted with Christianity and led his congregation to convert to Judaism
• In Chicago, a African American-led church and a Jewish community are addressing shared history through a Sukkot Jewish festival

Stories Impacting the U.S. and Israel

• U.S. Dept. of Defense: Iran can make nuclear bomb in less than two weeks but claims it’s not currently pursuing nuke; containment of Iran likely the only option as Iran at nuclear threshold 
• Iran Experts Initiative: Iran built ties with a network of influential overseas academics and researchers, including in America
• Iranian Revolutionary Guards Corp. armed forces rally: “Israel should be erased,” “prepare your shelters” 
• Palestinian terrorists wound Israeli at Joseph’s Tomb as Palestinian Authority security forces rescue five Israelis from a stone-throwing mob
• Palestinian Islamic Jihad test fires missiles from Gaza into the Med Sea in simulation of attack against Israel
• U.S. Congress examines paths for ending PA’s ‘pay for slay’ funds awarded to terrorists for attacks against Israelis
• PA leader Abbas’s Fatah party: “The only way to liberate Palestine is the rifle”; Palestinian mothers armed with M-16s commemorate Palestinian terrorists 
• Tunisian president’s anti-Jewish conspiracy theory for recent floods: “The Zionist movement has infiltrated our minds”
• Israeli government delegation holds Jewish prayer service in Saudi Arabia as Saudi tourism minister acknowledges historic Israeli presence
• Amid more reports on Saudi-Israeli normalization agreement: Israeli military studying security implications of possible Saudi deal; Saudi and Israeli sources report that U.S. focus on Palestinians harming normalization efforts
• U.S. House votes to cut salary of suspended Iran envoy, continues to fund anti-Jewish UNRWA
• U.S. admits Israel into Visa Waiver Program, in major boost to bilateral ties

In Memoriam

• Dianne Feinstein: first Jewish woman elected to Senate, dies at 90
• Photographs document Feinstein’s groundbreaking career in politics
• U.S. Postal Service releases Ruth Bader Ginsburg stamp, three years after Jewish Supreme Court justice’s death
• Alice Shalvi: trailblazing feminist, educator, founder of Israel Women’s Network, dies at 97

This Week in Jewish History

The Focus Project develops and distributes news, background, history and weekly talking points on timely issues to inform individuals and organizations about issues affecting the American Jewish community and Israel, and help readers speak with more consistency and clarity. The editions also provide potential responses for addressing incidents of antisemitism and anti-Zionism. With input from a spectrum of major American Jewish organizations, we focus on that which unites us, rising above political and individual agendas.



Recognizing that hatred of Jews comes in many forms and directions, we strive to address all sources as they arise, and educate our growing audience on topics ranging from inter-religious relations to relevant international developments. From week to week, we may focus on issues arising from the political left, university campuses, from the political right and from institutions, government, and corporations. We don’t try to address all issues in each edition. We hope you will find this information useful in your writing and/or speaking. We are always open to your feedback: info@focus-project.org.

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