California could require many state agencies to give residents the option to identify their Jewish ancestry or ethnicity when demographic forms ask about race, ethnicity or ancestry.
Senate Bill 1387, authored by State Sen. Henry Stern (D-Sherman Oaks), passed the Assembly 74-0 and the Senate 39-0 on Aug. 31. No legislator cast a “no” vote in any committee or floor vote listed in the Legislature’s record for the bill.
As of press time, the bill was enrolled (the final bill has passed both houses, been proofread for accuracy and sent to the governor) and awaits action from Gov. Gavin Newsom.
Under SB 1387, California law would state that “ethnicity” is inclusive of Jewish identity. State agencies that collect demographic data on ancestry or ethnic origin would have to provide a separate category for Jewish ancestry or ethnicity on forms that allow respondents to select one or more racial or ethnic designations.
In talking points provided to The Journal by Stern’s office, Henry Stern said the bill is meant to account for Jewish identities that extend beyond religious practice.
“Jewish identity is unique. For many Jews, being Jewish is not solely a matter of religious belief or observance. It is also rooted in shared ancestry, ethnicity, culture, family heritage, language, history and peoplehood,” Stern said.
“Yet California’s demographic data systems generally do not provide an opportunity for individuals to identify as Jewish ethnically. As a result, many Jewish Californians may not be accurately reflected in state demographic data,” Stern said.
“That matters because good policy depends on good data. If we do not collect accurate information, it becomes more difficult to understand demographic trends, identify disparities, evaluate the impacts of discrimination or ensure that government programs are effectively serving all Californians.”
Stern said that “this bill does not create a new protected class. It does not alter existing religious classifications. And it does not require anyone to identify as Jewish.
He said that “SB 1387 simply allows individuals who understand their identity through an ethnic, ancestral, or cultural lens to self-identify accordingly if they choose.”
Jewish Voice for Peace (JVP) opposed SB 1387, calling it “a dangerous bill that would allow state government agencies to classify ‘Jewish’ as an ethnicity.”
“This bill does nothing to add to protections for Jewish Californians,” JVP said. The organization also warned that the measure “could be exploited by antisemites.”
Stern said the legislation does not define every Jew as a member of one ethnicity.
“We have worked closely with committee staff and are accepting amendments that further clarify this point. The bill does not declare that all Jews are an ethnicity. Rather, it recognizes that Jewish identity may include an ethnic component for those who choose to identify that way,” Stern said.
The final bill contains restrictions on how the information can be used. State agencies could not disclose personal identifying information and would have to apply privacy and deidentification methods. The data could be used for demographic analysis, approved research, reporting requirements, identifying disparities and guiding policy or funding decisions.
The bill bars agencies from using the information to create a registry of individuals or for law enforcement or immigration enforcement.
The Simon Wiesenthal Center (SWC) supported SB 1387. “SWC also worked to help ensure the bill includes strong privacy safeguards, including prohibitions on creating a registry or using the data for law enforcement or immigration enforcement,” the SWC said. The organization said SB 1387 “reflects the reality that Jewish identity encompasses far more than religious practice alone” and urged Newsom to sign the bill.
The enrolled legislation also contains provisions not apparent from the broad description of adding a checkbox to state forms. The University of California and California State University are excluded from the bill’s definition of “state agency.”
Beginning in 2029, “Jewish” would also be included among the voluntary race or ethnic-origin self-identification categories used by the California Department of Corrections and Rehabilitation for people admitted, in custody, released or paroled.
The Employment Development Department would collect Jewish ancestry or ethnicity data under demographic reporting requirements for people claiming disability or family temporary disability insurance benefits.
SB 1387 would become operative Jan. 1, 2029. State demographic reports covered by the law and published on or after Jan. 1, 2030 would include the Jewish ancestry or ethnicity data collected under the measure.
“SB 1387 will help California collect more accurate information, better understand the experiences of Jewish Californians, and make more informed policy decisions moving forward,” Stern said.
