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The ACLU Is Fighting to Kill Texas' Pro-Israel Policy  

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The American Civil Liberties Union (UCLU) of Texas is suing to overturn a state law requiring contractors to certify that they do not boycott Israel. 

In 2017, Gov. Greg Abbott took a stand against a growing move by some states to target Israel.

The law was the 20th measure taken by an individual state to counter the Boycott, Divestment, and Sanctions (BDS) movement against Israel. It prohibits all state agencies "from contracting with, and certain public funds from investing in, companies that boycott Israel." 

When signing the bill, Gov. Abbott said that "any anti-Israel policy is an anti-Texas policy. Texas is not going to do business with any company that boycotts Israel."

The ACLU argues the law violates people's First Amendment right. 

The lawsuit claims four plaintiffs lost "contracting opportunities" because they declined to sign the certification or they signed it at the expense of their First Amendment rights. 

"We can't stay silent when states are violating the First Amendment in this way," said ACLU Attorney Vera Eidelman. 

The group is suing State Attorney General Ken Paxton, two universities and two school districts over the law. 

"The relationship between the Jewish state and the Lone Star State is built upon shared values, including a rock-solid commitment to standing up for liberty – especially when it is threatened by radical Islamic extremism," said Pastor John Hagee, founder of Christians United for Israel.

More than a dozen states have similar provisions that show support for Israel. However, these laws continue to face scrutiny over their legality. 

An Arizona judge ruled in September that such laws infringe on constitutional rights. "A restriction of one's ability to participate in collective calls to oppose Israel unquestionably burdens the protected expression of companies wishing to engage in such a boycott," the judge ruled. 

Earlier this year, in January, a federal judge stopped the enforcement of a similar anti-BDS law in Kansas. The lawsuit against the measure was dropped after Kansas lawmakers narrowly tailored the scope of the legislation by making it only apply to businesses and to contracts higher than $100,000.

Defenders argue the laws don't infringe on the First Amendment but extend existing civil penalties for accepting boycott requests from foreign states. 

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About The Author

Emily
Jones

Emily Jones is a multi-media journalist for CBN News in Jerusalem. Before she moved to the Middle East in 2019, she spent years regularly traveling to the region to study the Israeli-Palestinian conflict, meet with government officials, and raise awareness about Christian persecution. During her college years, Emily served as president of Regent University's Christians United for Israel chapter and spoke alongside world leaders at numerous conferences and events. She is an active member of the Philos Project, an organization that seeks to promote positive Christian engagement with the Middle