Kara Sears
As of 6 July 2023, 37 US states have anti-BDS laws or executive orders in place, with Massachusetts being one of them. Anti-BDS laws are legislation that retaliates against those engaging in Boycott, Divestment, and Sanctions. In the context of the Arab-Israeli conflict, anti-BDS laws seek to target people and organisations boycotting Israel-affiliated entities. In 2017, Massachusetts introduced bills S.1689 and H.1685, which require state contractors to certify that they comply with state anti-discrimination laws and will not cease to do business with others based on certain protected categories. While these bills do not explicitly mention BDS, they are similar to anti-BDS laws passed in other states.
| Characteristics | Values |
|---|---|
| Anti-BDS laws | 35 out of 50 states have anti-BDS laws or executive orders in effect as of 15 August 2022 |
| Massachusetts | No explicit anti-BDS law |
| Massachusetts has an anti-boycott law that amends the state's debarment law | |
| The law prohibits state contracts with entities that adopt and apply boycotts in a discriminatory manner | |
| The law requires persons entering into state contracts to provide written certification that they are in full compliance with state anti-discrimination laws | |
| The law does not mention BDS, but there is concern that it may be inappropriately applied to BDS campaigns |
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What You'll Learn
Massachusetts anti-boycott laws
In Massachusetts, there are anti-boycott laws in place to prevent economic discrimination against local businesses. This is due to economic pressures from foreign nations on US businesses to participate in international boycotts. The state has an interest in ensuring that local businesses, especially those doing business with the state, comply with laws and policies that forbid discrimination and economic coercion based on national origin, ethnic identification, or religious affiliation.
The Massachusetts anti-boycott laws are also known as the Anti-Boycott Covenant, and it includes Executive Order No. 130. This law states that neither a contractor nor any affiliated company can participate in or compete with an international boycott as defined in the Internal Revenue Code of 1954. If there is a breach of this warranty, the Commonwealth is entitled to rescind the contract.
In addition to the Anti-Boycott Covenant, Massachusetts has also proposed anti-BDS bills, S.1689 and H.1685, which would require state contractors to certify that they comply with state anti-discrimination laws and will not cease doing business with others based on certain protected categories. While the bill does not mention BDS, Palestine, or Israel, supporters of the bill have expressed that its intent is to target BDS campaigns.
Massachusetts has a history of using boycotts as a tactic for social change, having divested its pension funds from companies doing business in Sudan, Iran, Northern Ireland, South Africa, and Burma. The state has also passed a law restricting state entities from buying goods from companies doing business with Burma.
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Compliance with state anti-discrimination laws
The Massachusetts Commission Against Discrimination (MCAD) is the independent state agency that enforces the Massachusetts anti-discrimination laws. The MCAD enforces anti-discrimination laws in education, employment, credit and lending, housing, and places of public accommodation. The MCAD offers remedial and preventative training and publishes resources such as model policies, posters, and guides.
Massachusetts law prohibits discrimination on the basis of a person's membership in a protected class. Protected classes include race, colour, national origin, disability, age, sex, and religion. Anyone who lives in, works in, or visits Massachusetts may file a complaint if they believe they were treated differently or unfairly based on their membership in a protected class.
The MCAD enforces M.G.L. c. 151C, which makes it illegal to deny admission to a Massachusetts-based educational institution based on the applicant's membership in a protected class. The MCAD also enforces M.G.L. c. 151B, which makes it illegal to discriminate against prospective or current employees on the basis of their membership in a protected class. Workplace harassment based on membership in a protected class is also prohibited. The law applies to employers with six or more employees and anyone who employs domestic workers, regardless of the number of employees. Harassment based on membership in a protected class, including sexual harassment as a form of sex discrimination, is also prohibited in the workplace.
The MCAD enforces M.G.L. c. 272, which makes it illegal to deny or restrict access to places of public accommodation in Massachusetts on the basis of an individual's membership in a protected class. Places of public accommodation include airports, amusement parks, auditoriums, bars, hospitals, hotels/motels, libraries, museums, restaurants, restrooms, pools, and theatres.
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Massachusetts-Israel relationship
Massachusetts has a positive relationship with Israel, with several initiatives and partnerships in place to facilitate cooperation in various sectors. In 2014, Massachusetts Governor Deval Patrick made his second trip to Israel during his term, highlighting the importance of the relationship between the two states, which has created thousands of jobs for Massachusetts residents. During this trip, several projects were announced, including a fund for research cooperation between MIT and Ben Gurion University, a partnership between the Rose Art Museum at Brandeis University and the Tel Aviv Museum of Art, and a collaboration between PTC and the Technion Israel Institute of Technology.
In March 2011, Governor Patrick led a delegation of business and government leaders as part of the Massachusetts Innovation Economy Partnership Mission to Israel and the United Kingdom. The delegation explored growth opportunities in innovation-based industries, technology, life sciences, and clean energy, focusing on areas of common interest with established and emerging partners in Israel and the UK. Governor Patrick met with high-ranking Israeli officials, including President Shimon Peres, and visited Yad Vashem, the Israeli Holocaust memorial and museum.
Massachusetts lawmakers approved a $1 million life sciences initiative in 2008 that includes a unique relationship with Israel. The law authorizes joint academic and industrial research and business exchanges with Israel and the creation of trade facilities for pilot projects with the Israeli government and the Boston Haifa International Life Sciences Institute. This partnership recognises the world-class research capabilities of both Israel and Massachusetts in the life sciences.
In addition to economic and scientific cooperation, Massachusetts has a strong cultural and educational connection with Israel. The Jewish Federation of Central Massachusetts, through its overseas partners and ongoing programs, strives to develop meaningful relationships with the people of Israel. The organisation has a partnership with the Afula/Gilboa region and participates in cultural and educational initiatives about Israel. They also have a missions program that sends emissaries to Israel regularly.
Regarding anti-BDS laws, Massachusetts has not explicitly passed legislation targeting the Boycott, Divestment, and Sanctions (BDS) movement. However, the state has an Anti-Boycott Covenant (Executive Order No. 130) that addresses economic discrimination and coercion based on national origin, ethnic identification, or religious affiliation. While the covenant does not specifically mention BDS, some supporters of anti-BDS bills have acknowledged that the intent is to target BDS campaigns. There have been efforts by advocacy groups, such as the Center for Constitutional Rights, to oppose these bills, arguing that BDS campaigns are not discriminatory and that the bills do not offer any new civil rights protections.
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The impact on BDS campaigns
The impact of anti-BDS laws on BDS campaigns is complex and multifaceted. On the one hand, these laws have created significant challenges and obstacles for BDS activists and supporters. On the other hand, critics argue that BDS campaigns are protected under the First Amendment as a form of political speech, and that anti-BDS laws are therefore unconstitutional.
In the United States, as of July 2023, 37 states have anti-BDS laws or executive orders in place, according to the Israel Legal Advocacy Project. These laws aim to counter the BDS movement's calls for boycotting Israel over its treatment of Palestinians. By passing these laws, states are taking a position against the BDS movement and its objectives. This has had a direct impact on BDS campaigns, making it more difficult for them to gain traction and support, especially within these states.
For example, in Massachusetts, there has been a push for anti-BDS bills such as S.1689 and H.1685, which are positioned as anti-discrimination laws. These bills would require state contractors to certify compliance with state anti-discrimination laws and not cease doing business with specific groups. While these bills do not explicitly mention BDS, there is concern that they could be applied to BDS campaigns, as acknowledged by some of their supporters. This could hinder BDS campaigns in Massachusetts by discouraging businesses from associating with BDS or risk losing state contracts.
However, critics of anti-BDS laws argue that they infringe on free speech and the right to boycott as a form of political expression. They contend that participation in political boycotts is protected by the First Amendment. Additionally, critics argue that anti-BDS laws are applied selectively, with some states only targeting boycotts of Israel while allowing boycotts of other countries. This inconsistency has been used to challenge the constitutionality of these laws.
The impact of anti-BDS laws on BDS campaigns extends beyond the legal realm. The very existence of these laws has sparked debates and drawn attention to the issues raised by the BDS movement. BDS supporters argue that the movement is a legitimate form of non-violent resistance and a human rights campaign. They assert that Israel's occupation, treatment of Palestinians, and denial of their rights are unjust and require international pressure for change. By highlighting these issues, BDS campaigns have gained visibility and sparked conversations about Israel's policies, even among those who may not support the boycotts.
In conclusion, while anti-BDS laws have created challenges and legal obstacles for BDS campaigns, they have also brought the issues of Palestinian rights and Israeli policies into sharper focus. The impact of these laws on BDS campaigns is ongoing and complex, with legal challenges, public debates, and shifting political dynamics all playing a role in shaping the future of the BDS movement and its impact.
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Massachusetts Native Americans
Massachusetts has two state-recognized tribes, acknowledged through executive orders by governors. The first is the Hassanamisco Nipmuc Band, which was recognized through Executive Order 126 by Governor Michael Dukakis in 1976. The other is the Massachusett tribe, which is made up of the descendants of the original people that English invaders first encountered in what is now Massachusetts.
The history of Massachusetts is one of the first places where the complicated and controversial history between colonizers and Native Americans begins. The state has a long history of Indigenous people and their culture and traditions. For example, the Praying Indians of the American Revolution became farmers, established homesteads, built frame houses, lost their tribal identities, and intermarried with blacks and whites. Praying towns in Massachusetts included Gay Head and Christiantown on Martha’s Vineyard; Nantucket, Natick, Mashpee, Grafton, Dartmouth, and Herring Pond in Plymouth.
More than 20 organizations claim to represent historic tribes within Massachusetts; however, these groups are unrecognized, meaning they do not meet the minimum criteria of a federally recognized tribe or a state-recognized tribe.
Massachusetts does not have a specific anti-BDS law, but it has an Anti-Boycott Covenant (No. 130) that aims to prevent economic discrimination against local businesses. The covenant states that businesses should comply with state and federal laws forbidding discrimination based on national origin, ethnic identification, or religious affiliation. While the bill does not mention BDS specifically, there is concern that it may be applied to BDS campaigns as some of its supporters have expressed an intention to target BDS.
As of August 2022, 35 out of 50 states in the US have anti-BDS laws or executive orders in effect.
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Frequently asked questions
Yes, Massachusetts has anti-boycott laws that are intended to exclude individuals and companies engaged in boycotts for Palestinian rights from state contracts.
Anti-BDS laws are legislation that retaliates against those who engage in Boycott, Divestment and Sanctions (BDS).
Anti-BDS laws seek to make it difficult for anti-Israel people and organisations to participate in boycotts.
An example is the amendment to Massachusetts' debarment law, which penalises contractors that adopt policies against nations recognised by the US government.
Since 2015, dozens of states have passed laws intending to silence boycotts of Israel. However, there is debate over whether these laws violate the right to free speech.
