By Ian Karbal | Pennsylvania Capital-Star
Credit: Tom Sofield/NewtownPANow.com
The Pennsylvania Senate state government committee voted on Tuesday to advance a bill that would block state funds from going to colleges and universities that boycott or divest from Israeli companies for political reasons.
The bill’s co-sponsors, State Sen. Steven Santarsiero (D-Lower Makefield Township) and State Sen. Kristin Phillips-HIll (R-York County) wrote in a memo that the bill was introduced in response to protests that sprung up on campuses across the country, opposing the Israel-Hamas war.
On Oct. 7, Hamas militants attacked Israel, killing more than 1,100 people and kidnapping roughly 250. In response, Israel has waged a war in the Hamas-controlled Gaza Strip that is estimated to have killed over 35,000 Palestinians.
Many of the protesters, including at the University of Pennsylvania, have demanded their schools divest money in their endowments from companies with financial ties to Israel because of the Israeli government’s treatment of Palestinians.
“I believe it is important for the Commonwealth of Pennsylvania, as a matter of policy, to make it clear that we stand with Israel,” Santarsiero said in defense of his bill.
No senator on the State Government committee spoke in opposition to the bill, though two members, Katie Muth (D-Montgomery) and Anthony Williams (D-Philadelphia), voted against it.
Numerous Republicans on the committee, including Sen. Doug Mastriano (R-Franklin) and Sen. Cris Dush (R-Jefferson) spoke in support of the bill.
“We’re not gonna back or support any moves that hurt our strategic partner and ally and friend, Israel,” Mastriano said.
Mastriano added that he and other Republicans are considering additional legislation “that would stop taxpayer support to any university or college that advocates for antisemitism.”
Santarsiero’s bill would also affect funds controlled by the Pennsylvania Treasurer’s office, as well as numerous state pension funds. Controllers of those funds, which total billions of dollars, would not be able to boycott or divest from Israel or Israeli companies for any reason that isn’t strictly financial.
Following the vote, Pennsylvania Treasurer Stacy Garrity announced her support for the bill on social media.
Since Oct. 7, Garrity has ordered the investment of $20 million of state funds in Israeli bonds.
In the last decade, more than 35 states have adopted some form of what are called “anti-BDS laws,” named for Boycott, Divest and Sanctions, a Palestinian-led movement encouraging economic protest of Israel over its treatment of Palestinians.
Pennsylvania is one of those states. In November 2016, former Gov. Tom Wolf signed a law banning the state from doing business with contractors that engage in boycotts or divestment from Israel or Israeli companies.
Those laws have led to numerous court cases with plaintiffs citing First Amendment concerns, though for now most remain legal.
States like Texas and Arkansas have passed laws banning the state from working with contractors that engage in boycotting or divesting from Israel. Both laws were challenged in courts, but ultimately allowed to stand. The U.S. Supreme Court has so far refused to hear challenges.
Solomon Furious Worlds, a staff attorney at the American Civil Liberties Union of Pennsylvania, said, regardless of legality, the group is opposing the current bill.
“Political boycotts have always been lawful,” Furious Worlds said. “Any infringement on that right is suspect. Now is it automatically illegal? Maybe not, but it certainly goes against the spirit of the First Amendment.”
Furious Worlds noted that the organization takes particular issue with the bill’s potential impact on private universities that receive funds from the state.
“Because of its application to state-related and private education institutions, we believe that it seems to be infringing on First Amendment rights there,” Furious Worlds said. “Even beyond that, the idea that the government is restricting political speech for these institutions — it goes against the principle of the First Amendment, it goes against the spirit of the First Amendment, even in the places where it may be lawful to do so.”
But Santarsiero stressed to the committee that he believes his bill is not violating anyone’s First Amendment right.
“What that means is that there would be a consequence in taking an extreme step of divesting from or boycotting Israel,” Santarsiero said. “What it does not mean is that we are telling private institutions that they cannot take either of those actions. They are certainly free to do so. There would simply be a consequence as it pertains to the commonwealth of Pennsylvania and the financial support that they would otherwise receive.”
Santarsiero added that, “students, faculty members, administrators, would still have the ability to speak their minds as it pertains to Israel or any other matter. “
The bill now moves to the full Senate for a vote, and would next have to pass the Democratic-controlled House to become law.
Santarsiero’s 10th State Senate District stretches from Upper Bucks County to Lower Bucks County, including all of Bristol Borough, Bristol Township, Falls Township, and Tullyown Borough.
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