Ten years ago, the Illinois General Assembly passed a ridiculous law signaling unconditional political support for Israel. Now we have an opportunity to repeal it.
Former Illinois Governor Bruce Rauner, a Republican and private equity investor who held the position from 2015 to 2019, was a political failure on his own terms. Once he got into office, he made it clear to the Democrat-controlled legislature that he would not sign any budget unless it was passed alongside the regressive “reforms” that constituted his Turnaround Agenda for Illinois. The legislature did not budge and as a result Illinois went more than two years without a budget. Rauner tried to take everyone in the state hostage, and he did a lot of harm trying to make the Illinois regulatory environment more like Republican-dominated Wisconsin. Today, he is remembered as a bush-league do-nothing who couldn’t get his agenda through Springfield.
But there was one thing that Rauner and the Democratic majority did agree on: that people should face consequences if they have the wrong opinion about Israel. In 2015, the General Assembly unanimously passed legislation that prevented the state from investing public pension funds in any company that participated in the Boycott, Divest, and Sanctions (BDS) movement. BDS is a non-violent campaign to economically pressure Israel into adopting policies that would respect the rights and dignity of Palestinians. It functions similar to the boycott movement against apartheid South Africa in the late 20th century, encouraging consumers to spend their money ethically and pressuring businesses to divest from a country that systematically violates human rights.
Rauner drinks chocolate milk to celebrate the concept of diversity during Black History Month, February 2018.
In opposition to BDS, pro-Israel lobbying groups have convinced a super majority of state legislatures across the country to pass laws that impose a variety of legal consequences on individuals and organizations that participate in the boycott against Israel. The version that Rauner signed, which was among the first of its kind, created the Illinois Investment Policy Board. The law gave the board the authority to withdraw Illinois pension funds from any company that participates in a campaign to “penalize, inflict economic harm on, or otherwise limit commercial relations with the State of Israel or companies based in the State of Israel or in territories controlled by the State of Israel”. Essentially, any company that refuses to do business with Israeli companies or the Israeli government can lose investment from the state’s pension board, regardless of why or how they are choosing to sever their relationship.
There has never been a better time to get rid of this law. It does absolutely nothing to benefit Illinoisans, and it punishes constitutionally protected opposition to blatantly illegal actions taken by Israel. The law does nothing to fight anti-Semitism; in fact, it makes it worse. The law seeks to make support of Israel non-negotiable, and that position is firmly out of line with the wishes of a majority of Democratic voters across the country. As efforts to finally repeal the law escalate, people of conscience have an opportunity to bring state law into line with the will of Illinois voters.
What the law does, and why it’s extremist.
For the uninitiated, most state and municipal employees in America are enrolled in a defined benefit pension retirement plan. These pensions pay out a set amount determined by a formula to retired public workers each month over the course of their lives, effectively acting as a 401(k) with a guaranteed payout. To ensure these benefits are funded, employees and the state government contribute money to a pool that is invested in the private sector. The returns on these investments are used to help pay for pension obligations. This model benefits everyone: Springfield uses the stability of a pension to attract workers that might otherwise pursue for-profit careers, retirees have a guaranteed source of income after they stop working, and companies receive extra investment that can help them grow. It is also very common for governments to form oversight boards to manage their pension investments. This ensures that the funds are stewarding public resources well, and they prevent state money from being invested in firms that actively harm the public interest. In Illinois, Springfield has passed laws that prohibit investment in companies that “shelter migrant children” (i.e., participate in Donald Trump’s nightmarish mass deportation plans) and companies based in a few countries that have been sanctioned by the federal government.
They also prevent the fund from investing in companies that refuse to do business in Israel. This already makes Illinois’ anti-BDS law unique compared to the other similar laws in the state; there are no other countries that companies are punished for not investing in. The law is very clearly meant to disincentivize firms from considering a boycott by excluding them from receiving any of the money that state pension funds invest in the private sector.
The law does not differentiate between motives. If a company decides to stop doing business with Israel because its board is dominated by avowed anti-Semites, then it is ineligible to receive any pension investment funds from Illinois. But what if a firm’s leadership divests because they agree with Amnesty International’s conclusion that the country is practicing apartheid? Or because they believe that what the IDF is doing in Gaza constitutes genocide? Or because the Israeli government regularly treats minorities who live in Israel as second-class or non-citizens? Or because they are disturbed by the number of Americans killed by the Israeli military or Israeli militias? Or because they are horrified by the Israeli refusal to allow food, baby formula, and medical aid to enter Gaza, resulting in mass starvation? The Illinois General Assembly made no distinctions between these reasons when it passed the state’s anti-BDS law, so the Illinois Investment Policy Board is forced to consider these motivations equally worth divestment.
This is already extreme, but the truly ridiculous part is that the law also punishes companies for boycotting illegal Israeli occupations of foreign territories. Since the conclusion of the Six-Day War in 1967, the Israeli government has encouraged its citizens to cross the border into Palestinian territory and establish ‘settlements’ there. These self-described ‘settlers’ retain their Israeli citizenship, can vote in Israeli elections, are protected by the Israeli military, and live their lives under Israeli law. Their Palestinian neighbors who live in these areas do not enjoy any of those rights. Many of them are denied self-representation and live under martial law imposed by a government they have no say in. Palestinian families in the area are regularly dispossessed and attacked by settlers. In fact, it is widely acknowledged that the Israeli government is using settlement as part of a strategy to prevent the creation of a Palestinian state, giving Israel an excuse to indefinitely control the region without having to offer Palestinians any sort of rights or sovereignty. Just this month, Israeli Finance Minister Bezalel Smotrich unveiled a new settlement plan that he claimed would “bury the idea of a Palestinian state”.
Illinois prohibits investment in any company that refuses to do business in these settlements, despite the fact that they are illegal under international law and that they exist to deny the two-state solution that most American politicians claim to support.
Embarrassingly enough, the most well-known invocation of this anti-BDS law was used to punish a company for violating this portion of the statute. In 2021, the ice cream company Ben & Jerry’s (whose founders are both Jewish) announced that it would no longer sell their products in the West Bank because of the illegality of the settlements. The company also clarified that they did not support BDS as an organization. Ben & Jerry’s products would continue to be sold in Israel proper, and the company’s founders identified themselves as supporters of the country. This decision prompted the Illinois Investment Policy Board to pull any pension funds that were invested with the brand’s parent company, Unilever. Effectively, an ice cream company decided not to do business outside of Israel while continuing to do business in Israel. As a result, the State of Illinois declared it would blacklist the company and all of the firms they were associated with.
This law grants symbolic and unconditional support to Israel, including implicit support for policies that many people in the state consider to be criminal and in opposition to U.S. interests. Even if you think it’s appropriate for Illinois to engage in these kinds of sweeping foreign policy commitments, this is the wrong one to make.
The law doesn’t fight anti-Semitism
One common argument in favor of anti-BDS laws is that they are a protection against bigotry or an environment that encourages it. Rauner’s initial statement after the state’s law was signed in 2015 proclaimed that Illinois was standing up against anti-Semitism by distancing the state from boycotts. Other organizations like the Anti-Defamation League (ADL) have taken the stance that BDS itself isn’t inherently anti-Semitic, but that it creates an atmosphere where engaging in anti-Semitism is more acceptable.
There is nothing about this law that actively combats anti-Semitism. It does nothing to address the enormous 900% increase in anti-Semitic incidents across the country in the last ten years, and it does nothing to discourage hateful rhetoric. It is simply a way to punish businesses for taking a moral stance against genocide or for responding to consumer demands to do the same. These kinds of laws are also an attack on the right to free speech and free association guaranteed under the U.S. constitution, and their legality is dubious at best.
There’s no actual prohibition against supporting bigotry written into the law. It punishes companies that boycott Israel, but there are plenty of disgusting people in business who say and do anti-Semitic things that wouldn’t lose out on the opportunity for state investment. Right-wing businessman and extremist provocateur Elon Musk is a perfect example.
Not a bit from The Producers, somehow.
Regardless of whether you think Elon Musk throwing up a Nazi salute in January 2025 was an intentional expression of anti-Jewish hatred, he has a long history of embracing the kind of vile rhetoric most people would instantly recognize as anti-Semitic. Musk has indicated that he believes Jewish Americans are part of an anti-white conspiracy to flood the country with “hordes of minorities”. Under his direction, Twitter/X changed its moderation rules to allow a surge in anti-Semitic posts that have caused advertisers to flee en masse. The AI chatbot that his company built for the website has called itself MechaHitler and often launches into unprovoked rants about people with Jewish-sounding last names. Musk has received so much backlash that he’s felt the need to do damage control by visiting Auschwitz and making a PR trip to Israel alongside Prime Minister Benjamin Netanyahu. Despite Musk’s repeated anti-Semitic comments and behavior, he hasn’t ruled out doing business with Israel, so Springfield is technically allowed to invest pension funds in his companies. The purpose of this law cannot be fighting the spread of anti-Semitism if it allows for Illinois to engage in a financial partnership with someone like this. Its only logical purpose is to shield the Israeli government from criticism.
Finally, it’s worth considering whether this kind of law could actually increase anti-Semitism. The State of Illinois has (wrongfully) declared to the world that it views an entire ethno-religious group to be inseparable from another country halfway across the world. They have also declared that there is no acceptable way to criticize that country, even as it engages in a genocide that most people (rightfully) find morally reprehensible. The potential effects of this kind of rhetoric were neatly summed up by New York Times journalist Ezra Klein on his podcast a few months ago:
I am a Jewish person…it is very important that it is possible and understood to be possible that you can be anti-Zionist without being anti-Semitic…you just have to be able to be against what the Israeli state has become and not be anti-Semitic. I think it is an incredibly dangerous game that pro-Zionist people have played trying to conflate those things. Because if you tell people enough that to oppose Israel is to be anti-Semitic at some point they’re going to say “Well, I guess I’m anti-Semitic”.
If Klein is right about this, our state’s anti-BDS law could be creating social permission for more conspiracy-minded people to slip into open bigotry. Is that worth risking to preserve a law that doesn’t do anything to fight anti-Semitism?
The biggest obstacles to repeal are elected officials, not voters.
All of these criticisms were true ten years ago, but it mattered very little at the time because supporting Israel has been a bipartisan project in American politics for decades. The real reason that it is an opportune moment to repeal the law is that there has been a seismic shift in how the electorate views Israel.
Since the Israeli government launched their brutal response to the October 7th attacks, we have seen poll after poll after poll after poll showing that Americans view Israel more negatively than ever before. This is true across party affiliation, but it is especially true among Democrats. Now that Joe Biden has not been in a position to excuse Israel’s behavior and Trump is using the issue to justify illegal, politically motivated deportations, a clear majority of Democratic voters has come to sympathize more with the Palestinian cause than with the Israeli state.
There is an enormous gap between how party elites and voters think about this issue, and most Democratic politicians have yet to catch up to their base. Illinois has been no exception. Only one of the candidates running to replace retiring Senator Dick Durbin, Representative Robin Kelly, has indicated a willingness to pursue an arms embargo against Israel, and the vast majority of the Illinois congressional delegation in the U.S. House of Representatives has consistently refused to substantively criticize the government’s Israel policy. At the state level, only a minority of Democratic legislators have signaled their support for legislation to repeal the anti-BDS law.
This is disheartening regardless of whether politicians are deeply ideologically committed to what Israel represents or whether they have just decided to avoid challenging powerful interest groups. But there are signs that this gap between party elites and their voters nationwide could start to close. In New York City, home to more Jews than any other city in America, outspoken critic of Israel Zohran Mamdani handily won the Democratic nomination for mayor with a plurality of the Jewish vote, in part because of his views on Palestine. Over half of Senate Democrats recently voted to oppose some military aid to Israel, including both Senators Durbin and Duckworth of Illinois. Some Democrats in Congress have even started to call for the U.S. to recognize a Palestinian state. Just as crucially, it does not appear that Israel’s right-wing government has any plans to end their illegal invasion and blockade of Gaza, making the issue more pressing than ever.
It is possible to get Democratic politicians to adopt the positions their base holds under these conditions, even if it’s for entirely cynical reasons. A repeal of our state’s anti-BDS law would not just be popular, it could set the stage for even more policy changes on the national level, especially as Democratic candidates begin to position themselves for a presidential run in 2028.
With this in mind, Illinois-based groups that have committed themselves to changing our country’s relationship with Israel like Chicago DSA should consider joining the Illinois Coalition for Human Rights as supporting organizations, and should come up with local campaigns to lobby their state officials. The ones that are planning to endorse candidates for state-level office should also take advantage of the upcoming March primaries to ask fresh faces to sign on as a condition for their support.
Like-minded individuals should also make an effort to tell their representatives this is an important issue to them by sending them messages like this one. They should consider getting involved with organizations like Jewish Voice for Peace Chicago, CAIR Action Illinois, and IfNotNow Chicago that have already signed on to stay engaged with the repeal campaign.
To steal a turn of phrase from the infamous American Israel Public Affairs Committee (AIPAC), supporting Palestine is “good policy and good politics” within the Democratic Party. The only question now is whether we can get our elected officials to wake up to that reality while we have the momentum.
