A California hate crimes bill separates Nazi symbols from Hindu swastikas

(J. The Jewish News of Northern California by way of JTA) — In what might be a primary for an official piece of U.S. hate crimes laws, California’s state Meeting has added language to a invoice differentiating the Nazi swastika from the swastika image that has spiritual which means for Hindu, Buddhist and Jain communities.

Rebecca Bauer-Kahan, a Democratic California Meeting member representing a part of the Bay Space and a member of the California Legislative Jewish Caucus, labored with the Hindu American Basis so as to add new language to a hate crimes bill she launched with fellow state Meeting member Marc Levine earlier this 12 months.

The brand new language added to the invoice in Could reads: “It’s the intent of the Legislature to criminalize the position or show of the Nazi Hakenkreuz (hooked cross), often known as the Nazi swastika that was the official emblem of the Nazi get together, for the aim of terrorizing an individual. This laws will not be supposed to criminalize the position or show of the traditional swastika symbols which are related to Hinduism, Buddhism, and Jainism and are symbols of peace.”

The invoice, which was despatched to the Senate after unanimously passing the Meeting final week, is anticipated to succeed in Gov. Gavin Newsom’s desk by the top of summer season. It goals to alter hate crime legal guidelines by standardizing the punishment for utilizing varied “terror symbols,” reminiscent of nooses and burning crosses — and swastikas. It could additionally broaden the listing of locations the place the regulation is utilized to incorporate public parks, faculty campuses, locations of worship and cemeteries, amongst others.

Antisemitic teams such because the Goyim Protection League have distributed flyers with Nazi symbols and other hateful messages in California and other states in current months.

The Nazi image, which most individuals image once they consider a swastika, is definitely known as the Hakenkreuz. Adolf Hitler appropriated the image for his Aryan cause, flipping the course of its traces and rotating it.

“This has been a misnomer that’s very entrenched, and it’s going to take some time to get previous that,” mentioned Samir Kalra, the muse’s managing director. His group needs folks to cease utilizing the phrase “swastika” altogether when referencing Nazis, although he acknowledges that for Jews, there are a long time of trauma related to the image.

“I’m happy that we have been capable of create air-tight language that’s delicate to those vital cultures whereas on the identical time making certain that those that search to terrorize in anyway shall be held accountable and prosecuted,” Bauer-Kahan instructed J. in an e mail.

“In conventional Hindu, Buddhist and Jain religions, the swastika has been thought to be a logo of peace for hundreds of years,” Bauer-Kahan mentioned. “Sadly, we all know all too properly that Hitler and the Nazi regime stole this image and used it as a banner of hate, homicide and destruction, and subsequently by Nazi supporters who search to terrorize our group.”

As a result of hate crimes require the state to indicate that the accused particular person had the intent to “terrorize,” taking the Hindu swastika off the listing gained’t materially have an effect on any future hate crime prosecution.

Nonetheless, the change in wording is a giant deal, mentioned Kalra. California is, so far as he is aware of, the primary state to make use of clarifying language like this in laws that impacts felony prosecution, though different states have made the identical level in different contexts.

“This can be a scenario the place we’re truly attempting to appropriate the penal code,” Kalra mentioned.

Earlier in Could, the muse wrote to Bauer-Kahan in help of her invoice, whereas suggesting the language be amended.

Simply displaying a swastika of any variety, with out the intent to intimidate or terrorize, will not be in itself prosecutable. However there have been quite a few events during which Hindus, Buddhists or Jains have confronted adverse penalties when displaying a swastika, based on Kalra. Through the vacation of Diwali, folks make patterns utilizing coloured powder that always embody swastikas. Some folks cling swastikas at their front door for luck.

“Hindu residents in sure communities should show this can be a peaceable image,” Kalra mentioned. He believes this “can have a chilling impact on spiritual freedom.”

A model of this story was initially printed in J. The Jewish News of Northern California, and is reprinted with permission.