South Dakota House passes bill defining antisemitism after emotional debate

PIERRE —  Emotions ran high on the House floor Tuesday afternoon, with multiple lawmakers tearing up as they made their case as to why a bill to further define the definition of antisemitism in state law should be passed.

HB 1076, which passed in a 53-14 vote, used language from the International Holocaust Remembrance Alliance that defines antisemitism as “a certain perception of Jews that may be expressed as hatred toward Jews, including rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property, or toward Jewish community institutions and religious facilities.”

Rep. Fred Deutsch, R-Florence, called the definition the gold standard of antisemitism and that 30 states had already adopted the language. Deutsch’s voice grew thick as he recalled how his father had been incarcerated at the Dachau concentration camp in Germany and that now, 70 years later, he had the privilege of pitching a bill that would help South Dakota’s Department of Human Rights properly investigate and track instances of antisemitism.

“This bill is entirely about conduct,” he said. “This bill doesn’t limit a person or organization’s First Amendment right.”

The bill had a contentious committee vote Friday, with opponents saying they were concerned the language was not clear enough and that state law already codifies discrimination against Jewish people.

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Rep. Scott Odenbach, R-Spearfish, said in committee when he voted against the bill that it would open “Pandora’s Box,” creating a new protected class.

“What we have is a very serious and grave matter,” he said at the time. “It sets a very dangerous, and frankly, scary precedent in a country that is as diverse as ours is.”

Odenbach said Tuesday he continued to oppose the bill because discrimination is already illegal in South Dakota.

South Dakota Legislature continues to support Israel

HB 1076 continues the Legislature’s stance supporting the Jewish community after the Oct. 7 terrorist attack launched by Hamas in Israel. At the time, Hamas killed 1,200 civilians and captured 250 hostages. Since then, the Israeli government has bombed Gaza, killing more than 25,000 Palestinians, a majority of them being women and children, according to the Associated Press.

On Tuesday, 24 Israeli soldiers were killed in Gaza, bringing up the Israeli military death total to more than 200, according to NPR.

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The House adopted a resolution supporting the Israeli state on Jan. 16 with four Democrats voting no after debate. While lawmakers condemn Hamas’s attack on Israel, Rep. Kameron Nelson, D-Sioux Falls, voted against the resolution saying he could not in good faith support it.

“This concurrent resolution continues to divide our entire world, certainly we must call for an end of violence, certainly we must denounce antisemitism and any acts of hate but I cannot support this resolution,” he said.

‘A loud and clear message’

Nelson said Tuesday if the Legislature was going to protect the Jewish community, then they should stand with other marginalized communities in the future.

“We recognize some of the redundancy in this bill that is protected in current statute but also find our humanity in calling out to different communities who are begging for help, who are asking for protection,” Nelson said. “I must also ask every single person in this chamber to say what are we going to do for the next group who is begging for their lives, who is asking to be respected for who they are, where they’ve come from… to also protect them.”

Perhaps the most compelling testimony came from Rep. Mike Stevens, R-Yankton, who atoned for voting against the bill in committee. He said he didn’t believe it was a perfect bill, but that the message was more important.

“Sometimes, the message of the bill is much more important than the actual words of the bill,” he said. “This bill needs to send a message… Freedom can’t work here if we let it live amongst us.”

Stevens noted after the liberation of the concentration camps near the end of World War II, photos and videos were taken by American soldiers of the atrocities committed so that the world would not forget what happened to the six million Jews and millions of non-Jewish groups who were murdered by the Nazis.

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“Yet even today there are those who claim the Holocaust didn’t happen,” Stevens said. “Throughout all of this, one always has to ask how did that happen? As I’ve been thinking about this bill, I’ve come to the conclusion that it starts slowly when we refuse or we do not recognize or do not confront discrimination in all forms when we see it or hear it.

“Hate in any form is wrong,” Stevens said, pausing as his voice broke. “And my Christian values do not allow me to hate.”

HB 1076 now heads to the Senate for consideration.

This article originally appeared on Sioux Falls Argus Leader: Antisemitism defined in new bill passed by South Dakota House