Bill Sponsors
Perez, Fellela, Hull, Hopkins, Fascia, J. Brien, O'Brien, Lima, Noret, and Shanley
Committee
House State Government & Elections
Summary
Select
This legislation amends the Rhode Island Civil Rights Act of 1990 to legally define "anti-Semitism" for the purpose of investigating discrimination cases. It adopts the working definition and contemporary examples established by the International Holocaust Remembrance Alliance (IHRA). State agencies and local subdivisions are required to consider this definition when determining if an alleged act of discrimination was motivated by anti-Semitic intent. The bill explicitly states that criticism of Israel similar to that leveled against any other country is not considered anti-Semitism and includes protections for First Amendment rights.
Sponsor
Analysis
Pros for Progressives
- Strengthens the state's ability to identify and address hate crimes and discrimination against the Jewish community, a minority group facing rising rates of victimization.
- Standardizes the definition of anti-Semitism across state agencies, ensuring that investigations into bias and harassment are consistent and rigorous.
- Explicitly defines severe or pervasive harassment as a discriminatory act, offering better legal protection for victims of hostile environments in housing or employment.
Cons for Progressives
- Utilizes the IHRA definition, which many activists argue can be used to conflate legitimate political criticism of Israeli government policies with anti-Semitism, potentially stifling pro-Palestinian advocacy.
- May create a chilling effect on free speech and academic freedom within educational institutions if administrators fear that allowing certain political discussions could be legally interpreted as discriminatory harassment.
- Focuses on a specific definition for one group rather than broadening systemic protections against all forms of hate, which some may view as a fragmented approach to civil rights enforcement.
Pros for Conservatives
- Provides a clear legal framework to combat anti-Semitism, aligning with strong support for the Jewish community and opposition to religious persecution.
- Empowers state agencies to effectively investigate and penalize discriminatory conduct, reinforcing the rule of law against harassment and bias-motivated actions.
- Addresses the rise of anti-Israel sentiment that crosses into anti-Semitism, particularly in institutional settings, which aligns with many conservative foreign policy views regarding Israel.
Cons for Conservatives
- Expands government regulation of speech and expression by codifying a specific definition of hate speech, which some may view as an infringement on First Amendment liberties.
- Increases the regulatory power of state agencies to investigate private interactions and contracts, potentially leading to government overreach in private business or property matters.
- Codifies "identity politics" into state law by creating specific definitions for specific groups, rather than relying on broad, equal protections for all citizens.
Constitutional Concerns
Moderate Risk. While the bill includes a savings clause explicitly protecting First Amendment rights and excluding criticism of Israel similar to other countries, the adoption of the IHRA definition is legally contentious. Critics argue that the definition's examples can be interpreted to criminalize or penalize protected political speech regarding the State of Israel. If applied restrictively to punish speech in public universities or government employment, it could face Constitutional challenges.
Impact Overview
Groups Affected
- Jewish Community
- State Agencies and Investigators
- Educational Institutions
- Landlords and Employers
- Political Activist Groups
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House State Government & Elections
Bill Text
SECTION 1. Legislative findings.
(1) Anti-Semitism and harassment on the basis of actual or perceived national origin, shared ancestry, or ethnic characteristics with a religious group remains a persistent, pervasive, and disturbing problem in contemporary American society.
(2) The Jewish people continue to be a targeted minority in the United States. Data shows that Jews are among the most likely of all religious groups to be victimized by incidents of hate, and such incidents are increasing at an alarming rate.
(3) State officials and institutions, including educational institutions, have a responsibility to protect citizens from acts of hate and bigotry motivated by a discriminatory animus, including anti-Semitism, and must be given the tools to do so.
(4) Valid monitoring, informed analysis and investigation, and effective policy making all require uniform definitions.
(5) While there is no exhaustive definition of anti-Semitism, as it can take many forms, the International Holocaust Remembrance Alliance's (IHRA) working definition has been an essential tool used to determine contemporary manifestations of anti-Semitism and includes useful examples of discriminatory anti-Israel acts that cross the line into anti-Semitism.
(6) On May 26, 2016, the member states of the IHRA, including the United States, adopted the non-legally binding working definition of anti-Semitism at its plenary session in Bucharest. This definition is used by various agencies of the federal government and the other thirty-three (33) governments that are members of the IHRA. The definition has been recommended for use by the European Council and the Secretary General of the Organization of American States, included in policy guides prepared by the Organization for Security and Cooperation in Europe, and formally adopted by a growing number of European nations.
(7) Awareness of this conduct-based definition of anti-Semitism, although it is not to be taken as an exclusive definition, will increase understanding of the parameters of contemporary anti-Jewish crime and discrimination in certain circumscribed areas.
SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil Rights Act of 1990" is hereby amended to read as follows:
42-112-1. Discrimination prohibited.
(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or country of ancestral origin, have, except as is otherwise provided or permitted by law, the same rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and are subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property” includes the making, performance, modification and termination of contracts and rights concerning real or personal property, and the enjoyment of all benefits, terms, and conditions of the contractual and other relationships.
(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, chapter 5.1 of title 28, or any other remedial programs designed to address past societal discrimination.
(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” “reasonable modification,” and “undue hardship” shall have the same meaning as those terms are defined in § 42-87-1.1.
(e) For the purposes of this section, the term:
(1) “Protective hairstyles” means and includes, but is not limited to, hair texture or hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or LC003936 - Page 2 of 4 national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and Afros).
(2) “Race” means and includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(f) For purposes of this section, the term “anti-Semitism” means:
(1) The definition of anti-Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, which has been adopted by the United States Department of State;
(2) Contemporary examples of anti-Semitism identified by the International Holocaust Remembrance Alliance; and
(3) Does not include criticism of Israel similar to that leveled against any other country.
(g) Nothing in this section shall be construed to:
(1) Diminish or infringe upon any rights protected under the First Amendment to the United States Constitution or Article I of the Rhode Island State Constitution; or
(2) Conflict with federal or state discrimination laws.
(h) In reviewing, investigating, or deciding whether there has been a specific instance of discrimination that violates a state law prohibiting discrimination or is otherwise subject to the authority of the commission, the state, any of its agencies, or local subdivisions of state agencies, shall take into consideration the definition of anti-Semitism for purposes of determining whether the instance of discrimination was motivated by anti-Semitic intent.
(i) A discriminatory act includes any harassing conduct that is so severe, pervasive, or persistent as to interfere with or limit the ability of the victim to participate in or benefit from any service, activity, opportunity, or privilege.
SECTION 4. This act shall take effect upon passage.
(1) Anti-Semitism and harassment on the basis of actual or perceived national origin, shared ancestry, or ethnic characteristics with a religious group remains a persistent, pervasive, and disturbing problem in contemporary American society.
(2) The Jewish people continue to be a targeted minority in the United States. Data shows that Jews are among the most likely of all religious groups to be victimized by incidents of hate, and such incidents are increasing at an alarming rate.
(3) State officials and institutions, including educational institutions, have a responsibility to protect citizens from acts of hate and bigotry motivated by a discriminatory animus, including anti-Semitism, and must be given the tools to do so.
(4) Valid monitoring, informed analysis and investigation, and effective policy making all require uniform definitions.
(5) While there is no exhaustive definition of anti-Semitism, as it can take many forms, the International Holocaust Remembrance Alliance's (IHRA) working definition has been an essential tool used to determine contemporary manifestations of anti-Semitism and includes useful examples of discriminatory anti-Israel acts that cross the line into anti-Semitism.
(6) On May 26, 2016, the member states of the IHRA, including the United States, adopted the non-legally binding working definition of anti-Semitism at its plenary session in Bucharest. This definition is used by various agencies of the federal government and the other thirty-three (33) governments that are members of the IHRA. The definition has been recommended for use by the European Council and the Secretary General of the Organization of American States, included in policy guides prepared by the Organization for Security and Cooperation in Europe, and formally adopted by a growing number of European nations.
(7) Awareness of this conduct-based definition of anti-Semitism, although it is not to be taken as an exclusive definition, will increase understanding of the parameters of contemporary anti-Jewish crime and discrimination in certain circumscribed areas.
SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil Rights Act of 1990" is hereby amended to read as follows:
42-112-1. Discrimination prohibited.
(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or country of ancestral origin, have, except as is otherwise provided or permitted by law, the same rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and are subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and personal property” includes the making, performance, modification and termination of contracts and rights concerning real or personal property, and the enjoyment of all benefits, terms, and conditions of the contractual and other relationships.
(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, chapter 5.1 of title 28, or any other remedial programs designed to address past societal discrimination.
(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” “reasonable modification,” and “undue hardship” shall have the same meaning as those terms are defined in § 42-87-1.1.
(e) For the purposes of this section, the term:
(1) “Protective hairstyles” means and includes, but is not limited to, hair texture or hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or LC003936 - Page 2 of 4 national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and Afros).
(2) “Race” means and includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(f) For purposes of this section, the term “anti-Semitism” means:
(1) The definition of anti-Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, which has been adopted by the United States Department of State;
(2) Contemporary examples of anti-Semitism identified by the International Holocaust Remembrance Alliance; and
(3) Does not include criticism of Israel similar to that leveled against any other country.
(g) Nothing in this section shall be construed to:
(1) Diminish or infringe upon any rights protected under the First Amendment to the United States Constitution or Article I of the Rhode Island State Constitution; or
(2) Conflict with federal or state discrimination laws.
(h) In reviewing, investigating, or deciding whether there has been a specific instance of discrimination that violates a state law prohibiting discrimination or is otherwise subject to the authority of the commission, the state, any of its agencies, or local subdivisions of state agencies, shall take into consideration the definition of anti-Semitism for purposes of determining whether the instance of discrimination was motivated by anti-Semitic intent.
(i) A discriminatory act includes any harassing conduct that is so severe, pervasive, or persistent as to interfere with or limit the ability of the victim to participate in or benefit from any service, activity, opportunity, or privilege.
SECTION 4. This act shall take effect upon passage.