In a bipartisan effort to combat antisemitism, the House of Representatives recently passed the Antisemitism Awareness Act (AAA), but its fate in the Senate is now facing uncertainty due to objections from both sides of the aisle. The bill seeks to codify the International Holocaust Remembrance Alliance's (IHRA) definition of antisemitism into law and provide clarity on the issue.

Senate Majority Leader Chuck Schumer (D-NY) acknowledged the objections on Thursday, stating that they are considering the best way to move forward. The bill, which aimed to fast-track through unanimous consent, is now "in a holding pattern" as it became clear that unanimous support would not be achieved, according to a senior GOP senator.

Opposition to the AAA has been growing among Republicans, both on and off Capitol Hill. Influential conservative figures such as Tucker Carlson and Charlie Kirk have echoed accusations made by Republican Representatives Marjorie Taylor Greene (R-GA) and Matt Gaetz (R-FL) that the IHRA definition would label the Bible as antisemitic. They argue that the definition infringes on free speech rights and misconstrues Christian scripture regarding the responsibility for Jesus's death.

Ben Shapiro, an influential Orthodox Jewish conservative commentator, also opposes the bill, stating that it unnecessarily broadens existing civil rights laws and raises concerns about freedom of speech. He argues that the IHRA definition includes vaguely-worded examples that encroach on free speech rights.

While some Republicans like Sen. Roger Marshall (R-KS) believe that the bill needs minor adjustments, Sen. James Lankford (R-OK), an ordained Baptist minister and co-sponsor of the bill, defends its clarity and asserts that it upholds free speech protections. However, other Republicans, including Sen. Rand Paul (R-KY), Ron Johnson (R-WI), and reportedly Mike Lee (R-UT), claim that the bill unconstitutionally limits free speech.

Kenneth Marcus, founder and president of the Brandeis Center for Human Rights Under Law, who implemented the executive order related to antisemitic discrimination on campuses, reassured that objections, particularly regarding the bill's alleged encroachment on free speech, arise from a misunderstanding of its provisions. Marcus believes that with sufficient time, supporters will be able to gain the necessary support.

As the debate continues, Sen. Rick Scott (R-FL) remains supportive of the AAA, highlighting the urgency to combat antisemitism. Similarly, Sen. Josh Hawley (R-MO) expresses his favor for addressing antisemitism but intends to review the legislative text before offering further comments.

The bill has also encountered opposition from some Democrats, with concerns arising over potential limitations to free speech. Sen. Brian Schatz (D-HI) worries about creating a "statutory thoughtcrime," even if certain thoughts are personally offensive. Sen. Elizabeth Warren (D-MA) suggests that a different bill may come to the Senate floor. However, Sen. Ben Cardin (D-MD), a co-sponsor of the Senate version of the AAA, emphasizes the importance of protecting free speech rights while ensuring that the legislation does not infringe upon the rights of others.

Opposition from prominent right-wing figures may ironically sway Democrats to support the bill, as it demonstrates that there are misunderstandings among some conservative voices regarding its provisions.

The fate of the AAA remains uncertain, but the Jewish Federations of North America continues to advocate for the Senate to consider the bill, given the rise of antisemitic incidents on college campuses. The organization stresses the need to protect Jewish students and incorporate the IHRA definition of antisemitism under Title VI.

Despite the challenges and debates surrounding the bill, supporters remain optimistic that the legislative process will ultimately prevail. Passing the AAA would be a significant step forward in addressing the growing issue of antisemitism in the United States.