Texas Anti-BDS Law
Texas anti-BDS laws are several laws passed in Texas which are aimed at countering the Boycott, Divestment, and Sanctions (BDS) movement against Israel.
History
In May 2017, Texas became the 20th in the US with legislature or executive orders banning the state from conducting business with companies supporting anti-Israel measures. A primary component is House Bill 89 (HB 89), which passed unanimously in the Texas House and with overwhelming support in the Senate, was signed into law on Texas's Independence Day, May 3, 2017, by Governor Greg Abbott. This bill prohibits state agencies from contracting with or investing public funds in companies that boycott Israel.[1]
Texas is not alone in passing such legislation; other states like South Dakota and Virginia have also introduced resolutions condemning the BDS movement. The federal government has also introduced acts such as the 2017 Israel Anti-Boycott Act and the 2019 Combating BDS Act, aimed at hindering entities participating in boycotts of Israel.
Controversies
Legal Challenges
The Texas law has faced legal challenges, with critics arguing that it violates the First Amendment rights to free speech. For instance, John Pluecker, a freelance writer active in the BDS movement, lost his contract with the University of Houston after refusing to agree to a "No Boycott of Israel" clause. Similarly, Zachary Abdelhadi, a Palestinian-American student at Texas State University, was offered the opportunity to judge debate tournaments but refused to sign contracts that included the same clause.
In response to these challenges, Texas lawmakers amended the law in 2019 to exempt individuals and businesses valued at less than $100,000 or employing fewer than ten full-time employees from the ban. This amendment was intended to address embarrassing incidents and lawsuits that had arisen from the application of the original law.
Federal courts have upheld the ruling allows the anti-BDS laws on jurisdictional grounds and removed an injunction[2]
Foreign Interference
Supporters of these laws argue that the BDS movement is a form of antisemitism and that such laws are necessary to protect Israel. Critics, however, argue that these laws target only boycotts of Israel and are not analogous to other anti-discrimination legislation. Additionally, critics point to the passage of the measures as proof of the enormous power that the Israeli lobby has over American politics and politicians who are supposed to represent American interests.
