Individual state governments began taking action against the anti-Israel boycott, divest, and sanction (BDS) movement in 2015, with anti-BDS legislative enactments, legislative resolutions, and issuance of executive orders by state governors. The legislation falls into 2 main categories: (1) prohibition of public entities contracting with businesses that are engaged in BDS activities against Israel (and in some instances other countries); and (2) prohibition of government entities investing in companies that are engaged in BDS activities, requiring the divestment of prior holdings in those companies, and maintenance of a government list of those companies.Of the 3 tables below,
- The 1st table lists all 50 states, with there being a checkmark for those 35 states (as of 15 Aug 2022) that have anti-BDS laws or executive orders in effect. There are also pop-ups that have short descriptions of the law or executive order, and links to the text, to the legislative background, and where appropriate, to information on scrutinized companies. States in the table that have adopted non-binding resolutions only have a link to the text.
- The 2nd table lists the state enactments by basic type. States which have adopted resolutions of no legal effect are listed in the 2nd but not the 1st table.
- The 3rd lists by date of enactment.
The text of each enactment is available in PDF format from all 3 tables. For states which have amended legislation, the original and amending legislation are combined into one file in the 1st and 2nd tables but are separate in the 3rd.
I. List of All 50 States Indicating Which Have Anti-BDS Laws or Executive Orders in Effect [35 as of 1 Aug 2022] [Note: in some instances, links to state legislative websites will not work from outside the United States. They can be accessed through a VPN which utilizes a URL in the United States.]
II. Categorization of State Enactments by Type
|Prohibits State or political subdivision from investing in companies involved in a boycott against Israel||Prohibits State or political subdivision from contracting with businesses involved in a boycott against Israel||Prohibits State or political subdivision from contracting with businesses involved in certain boycotts (Israel not specified)||Prohibits State or political subdivision from contracting with businesses which discriminates against Israel or other countries||Legislative Resolutions condemning BDS (no legal effect)|
1 The statutes in Arizona, Arkansas, Florida, Iowa, Nevada, and North Carolina include both categories.
2 On September 27, 2018, a preliminary injunction was issued enjoining enforcement of the contracting prohibition (the injunction did not affect the investing prohibition). After the law was amended, the Ninth Circuit Court of Appeals vacated the preliminary injunction and directed the lower court to dismiss the case as moot. For additional information and litigation documents see the BDS Litigation page.
3 A lawsuit challenging the Kansas statute was dismissed upon agreement of the parties after approval of a legislative amendment narrowing the scope of the prohibition. For additional information and litigation documents see the BDS Litigation page.
4 The Arkansas statute was challenged in a lawsuit filed in December 2018. It was struck down on appeal. However, the 8th Circuit held an en banc rehearing and reversed. For additional information and litigation documents see the BDS Litigation page.
5 There have been two challenges to the Texas statute. In the first, an injunction was issued against the statute, but after it was amended, the Court of Appeals vacated the injunction and ordered the case dismissed as moot. In the second case, the lower court similarly issued an injunction. It is currently on appeal in the 5th Circuit. For additional information and litigation documents see the BDS Litigation page.
6 The Georgia statute was challenged in a lawsuit filed in February 2020. After the statute was amended in 2022, the suit was dismissed for mootness and lack of standing. For additional information and litigation documents see the BDS Litigation page.
7 The Maryland Executive Order was challenged in a lawsuit filed in January 2019. The case was dismissed by the District Court and upheld on appeal. For additional information and litigation documents see the BDS Litigation page.
8 The joint resolution has been superseded by legislation.
9 The Oklahoma house resolution, adopted on 4 May 2022, does not affect existing legislation.
III. Chronology of Enactments
1 The Tennessee joint resolution, adopted on 24 Apr 2015, was superseded by legislation on 8 Apr 2022.
2 The Alabama joint resolution, adopted on 16 Feb 2016, was superseded by legislation on 10 May 2016.
3 The Arizona statute, originally signed into law on 17 Mar 2016, was amended on 16 Apr 2019, and again on 23 Mar 2022.
4 The Georgia statute, originally signed into law on 26 Apr 2016, was amended on 21 Feb 2022.
5 The Iowa statute, originally signed into law on 10 May 2016, was amended on 22 Mar 2022.
6 The Texas statute, originally signed into law on 2 May 2017, was amended on 7 May 2019.
7 The Minnesota statute, originally signed into law on 3 May 2017, was amended on 30 May 2017.
8 The Kansas statute, originally signed into law on 16 Jun 2017, was amended on 18 Apr 2018.
9 The Wisconsin executive order was superseded by legislative enactment, as of 3 Apr 2018.
10 The Louisiana executive order was superseded by legislative enactment, as of 6 Jun 2019.
11 The Kentucky executive order was superseded by legislative enactment, as of 27 Aug 2019.
12 The Oklahoma house resolution, adopted on 4 May 2022, does not affect existing legislation.
13 The Ohio statute, originally signed into law on 19 Dec 2016, was amended on 20 Apr 2022.