Eugene Kontorovich, testifying before Congress this week in the hearing “Confronting the Rise in Anti-Semitic Domestic Terrorism”, submitted his statement that included a legal argument that BDS is discriminatory against Jews that I had never heard before.
It makes no difference that these calls to boycott are aimed at Israel, rather than at Jews per se. Israel is the largest Jewish community in the world and is home to the plurality—and soon the majority—of the world’s Jews. Refusals to deal that target Israel alone and not any other country offer a clear proxy for engaging in anti-Semitism under the cloak of political legitimacy. Partial boycotts are boycotts. Furthermore, discrimination need not be 100% congruent with the targeted class to be discrimination. Anti-discrimination laws make it clear that the use of proxies for race, sexual orientation, and so forth can be discriminatory.
Proxy discrimination is a form of facial discrimination. It arises when the defendant enacts a law or policy that treats individuals differently on the basis of seemingly neutral criteria that are so closely associated with the disfavored group that discrimination on the basis of such criteria is, constructively, facial discrimination against the disfavored group. For example, discriminating against individuals with gray hair is a proxy for age discrimination because “the ‘fit’ between age and gray hair is sufficiently close.”
Some young people have grey hair, many older people do not. But to say that you are only discriminating against hair color and not age is obviously disingenuous because there is an obvious correlation between the two. Similarly, boycotting Israel, as the only Jewish state and the only state with a majority Jewish population, especially when other states whose egregious human rights violations do not attract any sort of boycott, is in effect antisemitic.
We have lots of ideas, but we need more resources to be even more effective. Please donate today to help get the message out and to help defend Israel.
This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 19 years and 40,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.
▶️ This Didn’t Start on October 7th
-
In the time since we produced this video, there have been many other terror
attacks against innocent Israelis. “This” didn’t begin on October 7th and
as lo...
Alon Mizrahi, latest anti-Zionist kid on the block
-
Meet Alon Mizrahi, the latest kid on the Mizrahi anti-Zionist block,
joining the ranks of such luminaries as Avi Shlaim, Hadar Cohen, Ella
Shohat, Rachel...
Happy Pessah!
-
Wishing all our readers celebrating the festival of freedom a happy holiday
and hoping for the liberation of all the hostages.
The post Happy Pessah...
Happy Pessah!
-
Wishing all our readers celebrating the festival of freedom a happy holiday
and hoping for the liberation of all the hostages.
The post Happy Pessah...
The New Jihadists Are Our Kids
-
“I will use my knives and machete to slit their throats and kill them."
Coeur d’Alene, an Idaho city with a population of over 50,000, had too many
chur...
A Conversation on X with a Professor
-
Basically starts here, with him responding to me reaction so:
Re: "That is the least disruptive way of occupying space on a campus”
Actually, it's one of...
Confrontation with Iran: Who Won?
-
The West likes its Jews passive, dependent, and weak. When American
officials say “Israel has a right to defend [herself]” they mean that they
will allow h...
The Palestinian “Two-State” Plan: Duping the West
-
One of the great unsolved mysteries of the 21st century is why, given what
a catastrophe it proved to be, anyone, much less a whole phalanx of
politicians,...
06-Feb-24: Obituary: Naftali Gordon
-
The obituary that follows was published yesterday by *Times of Israel* under
the headline "*Master Sgt. (res.) Naftali Gordon, 32: A man of ‘honesty and
...
Closing Jews Down Under Website
-
With a heavyish heart I am closing down the website after ten years.
It is and it isn’t an easy decision after 10 years of constant work. The
past...
‘Test & Trace’ is a mirage
-
Lockdown II thoughts: Day 1 Opposition politicians have been banging on
about the need for a ‘working’ Test & Trace system even more loudly than
the govern...