Ever since the Holocaust demonstrated the danger of appearing on state registries, many Jews have been wary of self-identifying to the government.
But a bill racing through California’s state legislature would let Jewish people do just that — and it was a coalition of Jewish groups who proposed it.
California’s SB 1387 would mandate that any state agency collecting demographic data on ethnicity — whether on unemployment forms or college applications — add an option for Jewish ancestry.
Its supporters say the benefits of having data about the Jewish population will allow the state and Jewish community groups to better support them. The increase in antisemitic hate crimes during the Israel-Hamas war provided the initial thrust, according to California State Sen. Henry Stern, who introduced the bill.
“We were reaching for data that we didn’t have,” Stern told the Forward. “We had the data on hate crime incidents, but we didn’t have the demographic data to show that for such a small population with this number of incidents, you’ve got a serious problem.”
The bill has already passed in policy committees in both houses of the California state legislature. Just one more committee review remains before the bill heads to the Senate and Assembly floors.
Passing the bill would make California the first state to track Jewish identity as part of its demographic data.
What good can come of tracking Jews?
While many Americans think of Judaism primarily as a religion, many Jews have long understood themselves both as a religious community and as a people with shared ancestry.
That sentiment is reflected in a 2021 Pew Research Center survey, which found that American Jews are more likely to describe being Jewish in terms of culture (55%) or ancestry (52%) than religion (36%). According to the same survey, only one in 10 Jewish Americans say being Jewish is only a matter of religion.
David Bocarsly, CEO of Jewish California, a coalition of Jewish federations, synagogues and other nonprofits advocating for the bill, said collecting data on Jewish ethnicity would help challenge other common assumptions about the community.
“The assumption is often that the Jewish community is a monolithically white, wealthy, and successful community,” Bocarsly said. “I think there are a lot of Jewish community members who would fall into that category, and a lot who wouldn’t. This would paint that more complicated picture.”
Stern told the Forward the information could have practical applications across a range of policy areas, from public health to education.
He says the data could help public health officials identify communities that would benefit from targeted education and genetic screening programs for conditions that disproportionately affect some Jewish populations, such as Tay-Sachs disease and BRCA1 and BRCA2 gene mutations linked to hereditary breast and ovarian cancers.
It also could close an education gap in California schools. Stern pointed to what he described as inconsistent Holocaust education across California districts. Knowing how many students identify as ethnically Jewish, he argued, could encourage districts to incorporate more Jewish history and culture based on the makeup of their student body rather than in response to state mandates.
“We know that good data creates good policy, so this will allow us to be able to inform better policy in the future,” said Bocarsly. “The goal of this isn’t to get more resources for our community; it’s to get the right amount of resources for our community.”
Opposition to the bill
The bill’s skeptics cited concerns ranging from moral to technical, with most of the opposition coming from pro-Palestinian Jewish groups like Jewish Voice for Peace and Bend the Arc.
In its official opposition letter, Jewish Voice for Peace-Bay Area said that treating only one religion as an ethnicity is “legally inconsistent and factually wrong.” The best way to count and analyze the Jewish population, it said, was through scientific polling by organizations like the Pew Research Center.
Diana Scott, chair of Workers Circle NorCal, a secular Jewish social justice organization, questioned both the cost and necessity of the proposal. She argued that demographic checkboxes were originally intended to advance diversity efforts in areas such as education and said she does not believe Jews currently face the same lack of representation that justified those programs.
“Why should this data suddenly be collected at a time when we are doing away with diversity programs?” Scott told the Forward. “The original purpose of these checkboxes, at least in education, was to make sure there were programs representing people who weren’t being represented. I don’t think that’s the case right now for Jews.”
Scott also said the bill would cost money that could be better spent on programs benefiting a broader range of Californians, including Jews.
But Stern, who is Jewish, said he believes some of the objections are more personal than based on the substance of the bill.
“They see a member of the Jewish caucus, especially me, who’s been very outspoken in support of Israel,” the senator said. “I think if this bill might have been carried by someone else, maybe it wouldn’t even have attracted that kind of opposition.”
Bocarsly said that surveys like Pew’s cannot provide critical information useful to policymakers. While Pew’s studies of American Jews are conducted only periodically and rely on sampling, the California data would be collected on an ongoing basis through state administrative systems.
More importantly, he said, Pew does not measure outcomes such as health, educational attainment, incarceration, or poverty among Jewish Californians – data that would be essential for informing state policy.
Bocarsly acknowledged concerns that the data would turn into a government-owned list of Jews. But he said that because the data would not be stored that way — and that it could only be presented in statistical form and without personal identifiers, the same way sexual orientation or transgender identity is treated on state forms. Participation would remain voluntary, and respondents could select multiple ethnic identities. Checking any box remains optional, as per existing state law.
How will the data be protected?
Still, the bill’s intention of collecting more detailed data on Jewish constituents to help produce better policy also raised a sensitive question: How securely can the government protect those who check the Jewish box?
John M. Abowd, an expert on privacy-protected data publication and the former chief scientist at the United States Census Bureau, told the Forward that he believes concerns about government collection of racial and ethnic data are legitimate.
Although any demographic data released publicly would be aggregated and would not identify individual Jews by name, Abowd said that alone does not guarantee anonymity. By combining geographic and demographic characteristics, such as age, sex, and household composition, a skilled analyst may still be able to identify individuals included in a statistical dataset.
At the same time, Abowd says there are several legal protections designed to control the government’s use of voluntary race and ethnicity data. “Those protections in California are frankly very strong,” he explained.
Bocarsly emphasized that any identifying information would remain within the records of the agency collecting it — be it a hospital, school district or law enforcement agency — and would not be released publicly. While he acknowledged the possibility one such organization could fail to abide by confidentiality laws, California’s longstanding privacy laws mean there are serious consequences for infractions.
“California has laws on the books that protect against individual information from being shared publicly — very restrictive laws that have been on the books for 50 years,” he said. “We trust the laws more than we trust the people to uphold the laws.”
This story was originally published on the Forward.
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