A US First: California May Recognize Jews as an Ethnic Group
California is poised to become the first U.S. state to officially treat Judaism as an ethnic group rather than just a religion. A new bill would require state agencies to include a "Jewish ethnicity" checkbox on all demographic data forms.
The state of California, which already recognizes about 50 different racial and ethnic identities for data collection purposes—from Native Americans to Samoans—is now considering adding another identity to the list: Jews. A new bill, which recently passed a critical vote in a state legislature committee, will require state agencies to include an optional box for "Jewish ethnicity" in all demographic data forms, from university applications to public assistance programs. If the law is finally approved, California will become the first state in the USA to officially treat Judaism as an ethnic group and not just a religion.
Not just a religion
Researchers of Jewish identity argue that it has long posed challenges to American law and public discourse because Jews have never fit into contemporary conceptual categories. "When Jews received civil rights in European nation-states, they were forced to perceive themselves as a religion," explains Leora Batnitzky, a professor of religion at Princeton University. "But this has always been controversial from an internal Jewish perspective."
Indeed, many Jews across the United States do not attend synagogues or believe in God, but Jewish tradition still considers them Jews in every respect. A 2021 Pew Research Center study found that only 11% of US Jews believe that "being Jewish is mainly a matter of religion."
Between hate crimes and Whoopi Goldberg
For supporters of the law, this is an attempt to bring order to public confusion. Practically speaking, as reported in The New York Times, the goal of the law is to enable more accurate data collection for tracking hate crimes and for public health needs, such as promoting genetic screening for diseases common in Jewish communities.
The complex nature of Judaism has often confused officials and celebrities as well. In 2022, actress Whoopi Goldberg was suspended from hosting the show "The View" after claiming that the Holocaust "was not about race." Her statement reflected a mistaken but popular perception that Jews were persecuted only on religious grounds, while in reality, antisemites had for years portrayed Jews as an inferior race. It took years for the American judicial system and government, including a 1987 Supreme Court ruling, to recognize the right of Jews to sue on the basis of racial discrimination and common origin, rather than just religion.
Internal disputes
The author of the bill, California Democratic Senator Henry Stern, was motivated by personal experiences of antisemitism in his childhood, even though he did not wear any religious symbols. His bill enjoys broad support from a coalition of Jewish organizations, but is receiving fire from within.
Progressive Jewish organizations, led by "Jewish Voice for Peace," strongly oppose the move. They argue that the law oversimplifies Jewish identity, could exacerbate antisemitism, and cost the state treasury millions.
Senator Stern is not particularly moved by this opposition. "That is exactly what it is to be Jewish, to some extent," he said. "To be comfortable with tensions, and to understand that we are a people, a nation, an ethnicity, and also a religion. We just don't fit into natural molds, and that is why we are such a 'headache.' This law will provide a lot of people with material for arguments around the kitchen table, just as we have been doing for over 3,000 years."
