united-states separation-of-powers israel
Are anti BDS laws in the USA violating the doctrine of separation of church and state and/or freedom to assemble?
<p>Many state and federal lawmakers support anti BDS laws. BDS is a movement about boycotting Israel for alleged human rights abuses. (It stands for Boycott Divestment and Sanctions.)</p>
<p>A federal <a href="https://www.aclu.org/press-releases/third-federal-court-blocks-anti-bds-law-unconstitutional" rel="nofollow noreferrer">court has already ruled</a> that one particular such law tramples on the freedom of speech, as guaranteed by the 1st amendment.</p>
<p>The US constitution makes it very clear that religion and government are not allowed to mix directly. In practice, this means the government cannot &quot;make a law respecting an establishment of religion&quot;.</p>
<p>There have been courts that struck these laws down. <em>Are these laws violating the First Amendment the way that they are written?</em></p>

<p>An anti-BDS law may be invalid in some circumstances, but this has nothing to do with the establishment clause of the First Amendment.</p>
<p>Boycotting or not boycotting Israel is not an inherently religious question and isn't justified as such.</p>
<p>More often the issues will be pre-emption by a higher level of government's laws, lack of legal authority to enact such a law under an authorizing statute, or possible the &quot;<a href="https://lawshelf.com/coursewarecontentview/the-dormant-commerce-clause/#:%7E:text=The%20%E2%80%9CDormant%E2%80%9D%20Commerce%20Clause%20ultimately,federal%20legislation%20regulating%20the%20activity." rel="noreferrer">dormant commerce clause</a>.&quot;</p>
<p>The <a href="https://www.aclu.org/press-releases/third-federal-court-blocks-anti-bds-law-unconstitutional" rel="noreferrer">linked material in the OP</a> refers to the First Amendment freedom of association and possible the First Amendment freedom to petition, not to the establishment clause.</p>
