Press Release – For Immediate Release
June 6, 2019
Zachor Legal Institute Submits Amicus Brief in Support of State of Arkansas’s Anti-Discrimination Law at 8th Circuit Court of Appeals
JUNE 6, 2019
(Red Level, AL) – Zachor Legal Institute submitted its amicus brief to the Eighth Circuit Court of Appeals in support of the State of Arkansas’ anti-discrimination (anti-BDS) law, Act 710. In earlier proceedings, the district court in Arkansas followed the legal theories set out in Zachor’s founder Marc Greendorfer’s law review articles to uphold the law and Zachor urges the Eighth Circuit to affirm the lower court’s order.
The challenge to the Arkansas law is being led by the ACLU and supported by a number of notoriously anti-Semitic organizations, including one group that was named as an unindicted co-conspirator in a terror financing prosecution and a number of others which Zachor alleges have direct ties to foreign terror organizations. These parties make the ludicrous claim that anti-Semitism is not discrimination and seek the imprimatur of federal courts to continue their bigotry against Jews.
Zachor’s brief explores the history of the so-called “BDS” (Boycott, Divestment, and Sanctions against Israel) movement and details how BDS was formed by, and functions to support the agenda of, a coalition that includes groups designated by the United States government as foreign terror organizations. Zachor’s brief further reminds the judges of the Eighth Circuit that discriminatory boycotts of Jews can be traced back thousands of years and BDS is simply the latest incarnation of that hate-filled ideology. Act 710 doesn’t prevent speech critical of Israel, but it does allow the state of Arkansas to not be a financial party to discriminatory acts and ideologies.
Zachor’s brief also explains that BDS, in addition to being a front for foreign terror organizations, is a movement that seeks to disenfranchise Jews of their right to self-determination in their historic homeland. Arkansas, and other states with anti-discrimination laws, have an obligation to withhold financial support for those who choose to engage in discriminatory acts.
Under globally accepted definitions, BDS is raw anti-Semitism and thus a form of racial and national origin discrimination. Zachor argues in its brief that Arkansas’ law is a valid exercise of state powers to keep the state from funding anti-Semitism and is the type of law that the ACLU has supported as recently as last year. Zachor’s brief shows that the ACLU’s arguments that purport to distinguish Act 710 from all other anti-discrimination laws hinge on the discredited claim that there is not a Jewish nation, a line of argument that is nothing less than science and history denial. If the ACLU’s arguments are accepted, all other state anti-discrimination laws that protect minority populations will necessarily have to be struck down as well.
Marc Greendorfer, President of Zachor, described the brief as “part history lesson, part cautionary tale about the risks of ignoring history.” Greendorfer further explained that “while anti-Semites like to accuse Israel of being an apartheid state, the truth is that BDS is an apartheid movement that seeks to strip Jews and other minority populations in the Middle East of the right to their own homeland. Indeed, if one looks at the founding charter of BDS, as well as the words and acts of its adherents, it’s clear that the goal of BDS is to ethnically cleanse the Middle East of Jews, a violation of international law and human rights norms facing Christians throughout the Middle East as well. If BDS succeeds in its goals, the only country on Earth that exists to protect Jews and allow them to live securely will be eliminated and replaced by yet another Arab country where Jews, Christians and other minority groups are second class citizens.”
About Zachor Legal Institute: Zachor Legal Institute, a 501(c)(3) non-profit organization, uses the law to defend against anti-Semitism, with a focus on opposing BDS. To learn more, please visit www.zachorlegal.org.
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