Are Jews a Racial Group or a Religious One in the Eyes of U.S. Law?

 The question of whether the Jews constitute a race, a nation, a religion, or something else entirely hardly admits of a simple answer, and perhaps need not be resolved. But these categories are given meaning by American law, in which some injunctions prohibit racial discrimination, other religious discrimination, and so forth. Eugene Volokh observes:

To begin with, in late 1800s America, “race” was often used to include groups such as Jews, Arabs, Swedes, Italians, and the like. That’s important, because the Civil Rights Act of 1866 provided that “All persons” have the same rights “to make and enforce contracts . . . and to the full and equal benefit of all laws,” “as is enjoyed by white citizens.” And in Shaare Tefila Congregation v. Cobb (1987), the Supreme Court held that this covered discrimination against Jews (even though most of us would today be generally viewed as “white”) and not just against, say, Blacks or Asians.

These days, Jews, Arabs, and the like aren’t usually labeled a “race” in America (though hostility to those groups is sometimes labeled “racism”). As a result, where the Civil Rights Act of 1964 bans discrimination based on race, it might not be understood as covering discrimination against Jews. But such modern statutes, including the 1964 act, also generally ban discrimination based on national origin and religion. If someone discriminates against Jews because he disapproves of their religious beliefs, that’s prohibited religious discrimination.

So in most situations, discrimination against Jews in employment, hate crimes, and the like counts as illegal discrimination. . . . And, of course, much anti-Semitic behavior targets Jews based on both their religion and ethnicity, in which case several of these laws might apply.

But every so often there are complications . . . [that] can lead to some complicated litigation, such as Bonadona v. Louisiana College (2019), in which a religious college was allegedly discriminating against the plaintiff (who had earlier converted to Christianity) because of his Jewish ethnicity.

Read more at Tablet

More about: American Jewry, American law, Anti-Semitism, Discrimination

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden