Video of Congressman Sherman in Action
Washington, D.C. - Today, Congressman Sherman asked Secretary of Education Arne Duncan to restore prior departmental policy and to override the decision made by the Bush Administration concerning anti-Semitism.
On November 30, 2007, the Bush Department of Education, Office for Civil Rights, decided that Title IV of the Civil Rights Act of 1964 (Title VI) did not apply to acts of anti-Semitism, no matter how violent or blatant. The Bush Administration reasoned that since the Act prohibits discrimination on the basis of “race, color, or national origin”, it did not apply to discrimination against religious groups and hence did not apply to anti-Semitism. The 2007 Bush Administration ruling reversed prior administration policy.
“I am writing to express my concern regarding anti-Semitic incidents aimed at Jewish students at several colleges and universities and the response to such incidents by the Department of Education’s Office for Civil Rights (OCR). In particular, I am concerned about whether OCR is enforcing Title VI to protect Jewish students from anti-Semitic discrimination,” wrote Sherman.
Sherman cited Shaare Tefila Congregation
v. Cobb in which the U.S. Supreme Court held that Jews qualified as a “race” for purposes of the Civil Rights Act of 1866. He also pointed out that Jews are a national origin group, as virtually all Jews are descended from the inhabitants of the kingdom of Judea, which was obliterated by the Romans. That fact that many Jewish families have lived in the Diaspora for nearly 2,000 years does not obliterate their original origin.
Sherman also cited Janko vs. Illinois State Toll Highway Authority which holds that the Roma people, often referred to as gypsies, are a national origin group because of common ethnic characteristics, and despite the fact that it is not proven that all those referred to as “gypsies” are descended from any particular nation-state.
Sherman asked that the Office of Civil Rights of the U.S. Department of Education restore its prior policy as regarding anti-Semitic harassment and discrimination as falling under Title VI of the Civil Rights Act.
