New Hampshire anti-BDS bill will protect local businesses and stand against discrimination
This winter a number of legislators submitted New Hampshire House Bill 339, an act prohibiting the use of state funds to contract with or invest in any company participating in a discriminatory boycott of Israel. Israel is a key trade partner for our state and contributes materially to our quality of life. It is also sadly the target of a hate movement that seeks to isolate it economically, alienate it socially and coerce neutral businesses into joining the hate-driven boycott against their will.
The BDS (Boycott, Divestment and Sanctions) hate movement targets Israelis, Jews and their trade partners. The purpose of this bill is to conform to the overall non-discrimination policy of the State of NH, and protect our economy from the impact of discriminatory and risky investments. While promoting safe investment of the funds of the citizens of NH entrusted to the State, this legislation also fulfills a moral and legal obligation for the State to operate in a non-discriminatory manner.
To get a feel for how important this trade relationship is, New Hampshire’s total exports to Israel since 1996 exceed $1.1 Billion, and 2021 exports of manufactured goods were $110M, making the State of Israel New Hampshire’s 14th largest trade partner. These exports represent the output of many New Hampshire-based businesses responsible for thousands of jobs that depend upon this commercial trade. Furthermore, it is critical to consider the cutting-edge nature of this commerce. Trade with Israel encompasses many of the state’s most vital economic sectors, including agriculture, water sciences, biotech, medicine, and aerospace. Companies and universities in our state engage in joint research, academic exchanges and trade with Israel that contributes materially to the everyday quality of life in our state. Protecting this trade and cooperation is a compelling state interest.
We are not blazing new ground here. New Hampshire will be the 36th state to pass such a law, and these laws have been upheld in every court challenge they have faced. Most recently, the United States Supreme Court unanimously refused to accept an appeal of a key 8th Circuit case where a 9 to 1 holding found that commercial conduct is distinct from expressive speech and the two must not be confused. Business owners remain free to say whatever they want about Israel. They also remain free to boycott if they want, but in that case the state will exercise its own right to decline to spend taxpayer money in business with them. Opponents of the bill will attempt to exploit latent antisemitism by accusing this bill of requiring a “loyalty oath” to Israel. This only exposes their own bias - they don’t claim there is an inherent “loyalty oath” in the nondiscrimination affirmations that deal with gender, race and national origin in our state’s existing contracts.
It is noteworthy that the official leadership structure of the BDS hate movement includes U.S.-designated terrorist entities openly committed to the destruction of the State of Israel. In the course of promoting discrimination against Israel, the BDS hate movement purposefully uses disinformation and baseless claims, as well as classic anti-Semitic themes, to demonize and dehumanize Israel, such as the suggestion of Jewish subversion, conspiracy theories, dual loyalty, greed and economic manipulation, and most horribly, blood libels. The BDS Movement’s messaging strategy helps to systematically facilitate the development of bigoted anti-Jewish perspectives that as history repeatedly shows, will eventually give way to anti-Semitic discrimination, hatred, and ultimately persecution. It is no coincidence the rise of the BDS hate movement has tracked a parallel rise in antisemitic crime and discrimination.
Enacting an anti-BDS law in New Hampshire will help us maintain a fair and level playing field for all our citizens, and will protect the rights of our local businesses to engage freely in trade of their choosing without fear of the coercive tactics of the BDS hate movement. One of the net benefits seen in other states from passing an anti-BDS law has been a boost in trade with Israel, as a result of increased confidence in the fact that the state is a secure jurisdiction in which trade with Israel will not be tampered with. BDS interferes with free trade and drives anti-Semitism, and it has no place in New Hampshire.
Please contact your representatives, and urge them to pass HB339.
Rep. James Spillane is a Republican from Deerfield and Paul Berch is a former Democratic state representative from Westmoreland. HB339 will be heard in the Executive Departments and Administration Committee on March 8.
This article originally appeared on Portsmouth Herald: NH anti-BDS bill will protect local businesses, prevent discrimination
