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Pa. Senate committee blocks funding to colleges that divest from or boycott Israel

Nolan Brown by Nolan Brown
June 26, 2024
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Amanda Berg for the Capital-Star captured a stunning photo of the main Rotunda inside Pennsylvania’s Capitol building, showcasing its impressive ceiling.

On Tuesday, the Senate state government committee gave a nod to a bill that prohibits state funds from being used by colleges and universities that boycott or divest from Israeli companies due to political reasons.

In a memo written by the bill’s co-sponsors, Sen. Steven Santarsiero (D-Bucks) and Sen. Kristin Phillips-Hill (R-York), they explained that the bill was proposed as a response to the protests that erupted on various campuses across the nation, which opposed the Israel-Hamas war.

In October 7th, Israel was attacked by Hamas militants resulting in the loss of more than 1,100 lives and the kidnapping of approximately 250 individuals. As a retaliatory measure, Israel launched a war in Gaza Strip which is under the control of Hamas. The conflict has resulted in the death of over 35,000 Palestinians as per estimates.

Several protestors, including those at the University of Pennsylvania, have been calling for their institutions to divest funds from companies that have financial links with Israel. This is due to the Israeli government’s treatment of Palestinians, which they believe is unjust.

Santarsiero defended his bill by stating that it is crucial for the Commonwealth of Pennsylvania to establish a policy that shows unwavering support for Israel. “I firmly believe that we must stand with Israel,” he emphasized.

The bill encountered no opposition from any senator on the State Government committee. However, Katie Muth (D-Montgomery) and Anthony Williams (D-Philadelphia) both voted against it.

Several members of the committee from the Republican party, such as Senator Doug Mastriano from Franklin and Senator Cris Dush from Jefferson, expressed their approval of the proposed legislation.

Mastriano made it clear that they will not support any actions that may harm Israel, a strategic partner, ally, and friend.

According to Mastriano, he and fellow Republicans are exploring the possibility of introducing more legislation to cut off taxpayer funding for any college or university that promotes anti-Semitic beliefs.

The proposed legislation by Santarsiero would have a significant impact on funds managed by the Pennsylvania Treasurer’s office and several state pension funds. The controllers of these funds, which amount to billions of dollars, will be prohibited from boycotting or divesting from Israel or Israeli companies unless it is purely based on financial reasons.

After the vote, Pennsylvania Treasurer Stacy Garrity took to social media to express her endorsement of the bill.

Starting from October 7th, Garrity has directed $20 million of state funds to be invested in Israeli bonds.

Over the past ten years, a majority of states, totaling to over 35, have implemented what are known as “anti-BDS laws”. These laws are named after the Boycott, Divest, and Sanctions movement, which is led by Palestinians and seeks to promote economic protests against Israel due to its treatment of Palestinians.

Former Governor Tom Wolf of Pennsylvania signed a law in November 2016 that prohibits the state from collaborating with contractors who participate in boycotts or divestments against Israel or Israeli companies. Pennsylvania is one of the states that has implemented this law.

Many court cases have arisen as a result of these laws, with plaintiffs citing First Amendment concerns. However, at present, the majority of these laws remain legal.

Texas and Arkansas are among the states that have enacted legislation prohibiting the state from partnering with contractors who boycott or divest from Israel. Despite legal challenges, both laws were upheld, and the U.S. Supreme Court has declined to hear any appeals thus far.

According to Solomon Furious Worlds, a staff attorney at the American Civil Liberties Union of Pennsylvania, the group is firmly opposing the current bill, irrespective of its legality.

According to Furious Worlds, political boycotts have always been within the bounds of the law. He believes that any attempt to restrict this right is questionable. While it may not be automatically deemed illegal, it certainly contradicts the essence of the First Amendment.

According to Furious Worlds, the bill has raised concerns about its potential impact on private universities that receive state funds.

Furious Worlds expressed their concern about the potential infringement of First Amendment rights on state-related and private education institutions due to its application. They argued that the government’s restriction on political speech for these institutions not only goes against the principle and spirit of the First Amendment but also raises questions about its lawfulness.

During his address to the committee, Santarsiero emphasized that his bill does not infringe upon anyone’s First Amendment rights.

According to Santarsiero, taking an extreme step of divesting from or boycotting Israel would result in consequences. However, private institutions are not prohibited from taking such actions as they have the freedom to do so. The only difference is that there would be a consequence that would affect the financial support they would receive from the commonwealth of Pennsylvania.

According to Santarsiero, individuals such as students, faculty members, and administrators would still maintain the freedom to voice their opinions regarding Israel or any other topic.

The full Senate is set to vote on the bill, which would then require approval from the Democratic-controlled House in order to become law.

The Pennsylvania Capital-Star reported that the recent development in the state’s Senate committee involved a decision to halt funding to colleges that engage in boycott or divestment activities against Israel.

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