California is on the verge of making history by becoming the first state to legally classify Jewish identity as both an ethnic and racial category, in addition to its religious significance. On August 13, a key state Senate committee advanced a bill that would add “Jewish” to the state’s list of recognized identities, a move that has reignited a long-simmering debate over what it means to be Jewish in America.
The legislation, sponsored by State Senator Henry Stern (D), reflects a growing recognition of the multifaceted nature of Jewish identity. As Stern told The New York Times, being Jewish in America requires “being really comfortable with tension… and understanding that we’re a people, we’re a nation, we’re an ethnicity, we are a religion, too.” The bill aims to codify that understanding into state law.
However, the timing is fraught. American Jews are facing a surge in antisemitic incidents and hate crimes, and critics argue that labeling Jewishness as a racial or ethnic identity could inadvertently provide ammunition for those who have historically used such classifications to persecute Jews. They point to Nazi Germany and the Soviet Union, where Jews were singled out as an inferior race or ethnic group, justifying state-sponsored discrimination and violence.
California, home to the second-largest Jewish population in the United States, must balance this new legal recognition with robust measures to protect its Jewish communities. Governor Gavin Newsom has already signed legislation addressing antisemitism, but advocates say more is needed. Increased funding for security at Jewish community centers, schools, and synagogues is essential, as is the implementation of the 2023 National Strategy to Counter Antisemitism, which includes monitoring online hate and improving intelligence-sharing to prevent attacks.
The bill’s impact will extend beyond California’s borders. Jewish leaders and officials nationwide are watching closely, aware that this could set a precedent for how other states and the federal government classify Jewish identity. The ripple effects could influence civil rights protections and hate crime statutes across the country.
The debate over whether Jewishness is purely religious, or also ethnic and racial, is not new. The Federation of Jewish Ministries notes that Jewish history spans over 4,000 years, originating as a family that expanded through diaspora and conversion, leading to diverse cultural and ethnic branches. Biologist Alain F. Corcos argued two decades ago that because Jews have intermarried and converted others, they cannot be genetically characterized as a distinct race.
Even the U.S. Supreme Court has grappled with this question. In 1987, the Court considered a case where a Jewish congregation in Maryland sued vandals who defaced their synagogue with antisemitic slogans, arguing that the acts violated post-Civil War civil rights laws prohibiting racial discrimination. A federal magistrate judge in Louisiana noted in 2018 that while scholars debate whether Judaism is a people, a religion, or both, “many people have and continue to view being Jewish as a racial identity.”
Pew Research Center surveys echo this, showing that only one in ten Americans believes being Jewish is solely a matter of religion; most see it as a combination of ancestry, culture, and faith. This aligns with President Biden’s 2023 remarks that antisemitism “undermines our efforts to build a culture of respect… and our broader vision of a thriving, inclusive, and diverse democracy.”
As the bill moves forward, it is clear that California is not just addressing a legal classification but also confronting the complex, intersecting layers of identity that define Jewish life in America. Whether the bill becomes law or not, it has already sparked a necessary and overdue conversation about how society recognizes and protects all facets of Jewish identity.
