South Dakota Governor Signs Executive Order Banning Boycotts of Israel

for the wicked and the deceitful open their mouth against me; they speak to me with lying tongue. (Psalm 109:2)

South Dakota became the 28th state to enact a measure to combat boycotts of Israel as Republican Gov. Kristi Noem signed an executive order on Tuesday prohibiting state offices from doing business with companies that boycott Israel.

“Israel is one of our nation’s closest allies, and their success is critical to American national security,” said Noem. “Today, we reaffirm that South Dakota stands with Israel and will only contract with businesses who agree to fairly compete. Our state will not stand for any discrimination based on race or religion.”

The executive order requires vendors seeking contracts with state agencies, authorities, commissions, departments or institutions of the State of South Dakota to not engage with companies that participate in boycotts of Israel. This order applies to companies or contractors with more than five employees who enter into a contract with South Dakota that involves the expenditure of $100,000 or more.

During the 2019 legislative session, the South Dakota House of Representatives, with the Senate concurring, passed House Concurrent Resolution 1005 that declared opposition to and condemned the BDS movement.

South Dakota is the latest state to take concrete action against the anti-Israel Boycott BDS movement. Other states that have enacted similar measures include Alabama, California, Illinois, Indiana, Iowa, Minnesota, New York, Pennsylvania, South Carolina, Texas, and before Tuesday, Kentucky.

“For over a decade, the BDS movement has attempted to erode the confidence in Israel’s legitimacy by inflicting economic harm and limiting commercial relations through boycotts, divesting and imposing sanctions against Israel,” said Rabbi Mendel Alperowitz, director of the Chabad Jewish Center of South Dakota. “I am grateful that Governor Noem is standing up to this ugly resurgence of anti-Semitism and unjust practice of discrimination against Jews, and for her continued support of Israel.”

“South Dakota has one of the smallest Jewish populations in the nation, yet the state’s strong support for the nation of Israel is unparalleled,” said Stephen Rosenthal, chairman of South Dakotans for Israel. “This action sends a clear message that anti-Semitism will not be tolerated in South Dakota.”

The American Jewish Committee also applauded the executive order.

“Governor Noem has taken bold action to combat the insidious BDS movement that encourages punitive actions solely against Israel,” said Laurence Bolotin, director of the AJC Chicago Region, which covers South Dakota. “BDS proponents do not advance peace at all. Peace only will be achieved in direct bilateral negotiations between Israel and the Palestinian Authority.”

The international Israel education organization StandWithUs welcomed the legislation, stressing that the order does not impact any individual’s or company’s right to free speech, and that it’s meant to protect taxpayer funds and state policy from companies that discriminate against Israel.

CEO Roz Rothstein said “when states stand up against anti-Israel bias and discrimination, it benefits the state’s economy; joint research with Israel in agriculture, science and environment; and says a firm ‘no’ to the BDS movement, which encourages anti-Semitism and discourages a peaceful negotiated solution between Israel and its neighbors.”