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Why the Antisemitism Awareness Act now has a religious liberty clause to protect ‘Jews killed Jesus’ statements

New language in antisemitism bill clarifies First Amendment protections

Senate Republicans added an amendment to bipartisan legislation addressing rising antisemitism on college campuses that could be seen as a concession to Christian conservatives who wanted to protect those who preach that the Jews killed Jesus.

The final language of the Antisemitism Awareness Act was posted online on Tuesday ahead of a committee vote.

The added language, which is referred to as a “manager’s amendment” and proposed by the committee’s chair, Sen. Bill Cassidy of Louisiana, states that the legislation would not “diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States, including the free exercise of religion.”

The bill would require the Department of Education to use the controversial International Holocaust Remembrance Alliance definition of antisemitism — which classifies most anti-Zionism as antisemitic — when investigating allegations of discrimination.

It passed in the House last May by an overwhelming majority of 320-91, but was stalled in the Senate due to some resistance over constitutionally protected free speech. It has been reintroduced in the House this year and is up for a vote at the Senate Health, Education, Labor, and Pensions Committee on Wednesday morning.

The Democrats who oppose enshrining the IHRA definition object to what they say would be the criminalization of criticism of Israel. Of the 11 examples of antisemitic speech IHRA includes, six have to do with Israel.

But for many of the 21 Republicans who voted against the bill last year, including Rep. Marjorie Taylor-Greene and former Congressman Matt Gaetz, the problem is an example that says accusing Jews of deicide is antisemitic. The claim that the Jews killed Jesus is widely considered to be an antisemitic falsehood.

At least two Republican members of the Senate committee that will vote on the bill, Tommy Tuberville from Alabama and Roger Marshall of Kansas, have expressed their objections due to concerns about religious liberty and the ability to express certain views.

As the only amendment, Cassidy’s language on religious liberty could reassure Republicans that their rights as Christians won’t be violated and potentially secure their votes, according to two veteran policy strategists familiar with discussions about the legislation.

A Cassidy representative didn’t immediately return a request for comment.

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