The Religious Liberty Commission's Coming Attack on (Non-Orthodox) Jews

Donald Trump has named a set of appointees to his newly formed Religious Liberty Commission. This article does a good job covering much of the "Jewish" angle of the appointees, noting their general Orthodox slant and connections to various right-wing advocacy groups. None of that is surprising, particularly given the sharp split within the Jewish community where the Orthodox minority strongly supports Trump while the non-Orthodox supermajority despises him.

But there was one name that wasn't mentioned in the above story that I think deserves special attention from the American Jewish community: Josh Blackman, a professor at South Texas College of Law, who was appointed to the committee's legal advisory board. And the reason his appointment deserves special mention is simple: Blackman has argued that non-Orthodox Jews -- which is to say, the vast majority of American Jews -- should be categorically barred from making religious liberty claims. A "religious liberty" commission with him guiding the ship is a commission that presents a clear and present danger to the basic standing of American Jews like myself.

Blackman's argument against permitting non-Orthodox Jews access to religious liberty protections is breathtaking in its audacity and sweep. His view is that since only Orthodox Jews consider themselves bound by halacha, they are the only Jews who can ever sincerely claim to ever be "burdened" by impositions on their religious exercise. Non-Orthodox Jews are, in his view, relegated to little more than a cultural grouping or philosophical debate club; we are dismissed as incapable of having legally cognizable religious commitments at all. And when we dare purport otherwise, Blackman suggests, we should be seen essentially as liars -- opportunistically "gerrymandering" their claims to fit the Supreme Court's new free exercise jurisprudence.

Blackman's position represents an extreme version of burgeoning hostility on the political right towards non-Orthodox Jews perceived as politically liberal. It's no accident he was a central figure I highlighted in my "Liberal Jews and Religious Liberty" article as providing the "intellectual" architecture for de jure discrimination against non-Orthodox Jews, In particular, I argued in that article that a key component of the new conservative orientation regarding Jews was a decided belief that non-Orthodox Jews are not really Jews at all. In an ironic recreation of Karl Lueger's infamous "I decide who is a Jew!" declaration; conservatives are now declaring that the Jews they don't like don't count as Jews to begin with. 

Consider Trump's recent claim that Chuck Schumer was "not Jewish anymore" because of his opposition to Trump's MAGA agenda. It wasn't just random flailing. It was part of a pattern of denying that liberal Jews are properly viewed as Jews at all. This denial is critical to metabolizing the dissonance between conservative's imagined identity as warriors against antisemitism and the reality that they loathe the overwhelming majority of American Jews. Where they can successfully deny that most Jews even count as "Jews", this dissonance can be relieved, and their love for "Jews" can coexist with their hatred of actual Jews. 

Blackman is a leading figure seeking to promote a vicious and reactionary form of "religious liberty" where the bulk of the Jewish community are not only not protected, but are in fact among the primary enemies, all while draping itself in the mantle of "fighting antisemitism". It's despicable, and to anyone with a modicum of respect for the Jewish community as it is actually constituted it should be viewed as a form of antisemitism in its own right.

Blackman's appointment thus should be seen as a dramatic escalation of President Trump's war on the Jewish community. If adopted, Blackman's position would exclude the vast majority of American Jews out of the protections of the First Amendment and other religious liberty protections. At the very least, his appointment further underscores the degree to which the Trump administration's rhetorical claims about opposing "antisemitism" are coupled with disdain, even outright hostility, to most American Jews. But if his legal views are accepted, it would officially codify discrimination against non-Orthodox Jews into the body of American law.

This is not a drill. The Jewish community needs to know: if you are Reform, Conservative, Reconstructionist -- if you're a member of any or all but one preferred denomination of Jewish religious practice -- the Trump administration is laying the groundwork to strip you of your Jewishness and treat you as an enemy. Plan accordingly.