Statement of the Detroit and Michigan Chapter of the NLG on the American Bar Association’s Endorsement of the IHRA Definition of Antisemitism
October 24, 2024
The Detroit and Michigan Chapter of the National Lawyers Guild (NLG) expresses deep disappointment in the American Bar Association’s (ABA) recent decision to urge Congress to adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. This endorsement, reflected in a letter signed by ABA President William Bay, marks a troubling shift, as less than two years ago the ABA declined to adopt this very definition in its own internal resolution.
While we unequivocally condemn antisemitism in all forms, we believe that the IHRA definition, especially in its widely criticized conflation of legitimate criticism of Israeli state policies with antisemitism, threatens to curtail free speech and suppress advocacy for Palestinian rights. Legal scholars, human rights organizations, and Jewish advocacy groups alike have raised concerns about the IHRA definition's potential to infringe on First Amendment protections and silence dissent. Not only does this conflation of anti-Zionism with antisemitism jeopardize First Amendment rights, it actively obfuscates and confuses analysis of antisemitism’s root causes and transforms the struggle against antisemitism into a politicized debate over the legitimacy of Israeli state violence against Palestinians. Ultimately, this will severely diminish the legal community's ability to effectively advocate for the liberty and safety of all Jewish people, including those critical of Israel. For the ABA, an organization that purports to uphold legal principles and justice, to back this definition is deeply troubling.
Furthermore, in our fight against antisemitism, we must also recognize the urgency of fighting against Islamophobia and all forms of racism and discrimination. The struggle for justice and equity demands that we stand in solidarity with all marginalized communities. This means opposing not only antisemitism but also the growing tide of Islamophobia that continues to endanger Muslim communities globally, especially in the context of the Middle East and domestic policies in the U.S. that target Muslim individuals and advocates for Palestinian rights.
It is also worth noting that this decision comes from an institution that, while promoting inclusivity today, carries a legacy of exclusion. The ABA did not admit its first Black lawyer until 1950, despite adopting resolutions decades earlier declaring that race should not be a barrier to membership. This history of inconsistency calls into question the ABA’s commitment to genuine, inclusive justice.
We call on the ABA to reconsider this endorsement and encourage Congress to explore definitions of antisemitism that protect Jewish communities without undermining the fundamental rights of free speech and political advocacy. The fight against antisemitism, Islamophobia, and all forms of bigotry must be waged alongside the fight for justice, human rights, and the right to dissent.
Contact:
National Lawyers Guild, Detroit & Michigan Chapter
P.O. Box 311458
Detroit, MI 48231-1458
(313) 925-2626
Administrator@MichiganNLG.org