Rookie legislator reprimanded for supporting Palestine in wake of attacks

by Carol McKinley, Oct. 9, 2023

Hours after the terrorist organization Hamas launched a surprise holiday attack on Israel, Colorado Rep. Tim Hernández joined around three dozen participants at a rally at the state Capitol and waved a Palestinian flag. 

The Palestine Solidarity Rally was described in a flyer as "An Emergency protest for Palestinian Resistance." It appeared to be organized by the Colorado Palestinian Coalition.

Hernández's place among the crowd may have gone unnoticed except that it was caught by television cameras gathering footage of the event.

Almost immediately, lawmakers on both sides jumped on Hernández' action.

“He voiced his approval of the slaughter of innocent people,” said Rep. Lisa Frizell, R-Castle Rock. “I find that to be contrary to anything that I hold dear.”

There is no rule that prohibits legislative house members from participating in a rally or protest. Still, Frizell bemoaned Hernández's "absence of decorum," saying she doesn't believe he "respects the institution he was appointed to."

But Rep. Iman Jodeh, D-Aurora, said it is unfair to single out Hernandez for "expressing his beliefs that all people should be afforded human rights." She pointed out that there has been "massive precedent" of other elected officials who have also attended rallies, voicing opinions on the west steps of the state Capitol during the repeal of Roe v. Wade and most recently when conflicts arose in Sudan and Ethiopia.

"Let me be clear," Jodeh said. "As far as I know, no one held that rally for Hamas. People were rallying for Palestinian human rights." To equate Hernández' actions with Hamas, she said, is "reckless." 

Jodeh, a Palestinian-American, has also publicly shown support for Palestine. On May 15, 2021, she marched with hundreds of Coloradans in support of Palestinian human rights after a series of air strikes and ground operations by Israel Defense Forces that killed dozens of Palestinians. Jodeh, elected in 2020, was the first Muslim to join the Colorado legislature. 

Still, Frizell and other legislators called on House Democrats to censure Hernández for standing behind Palestine in such a public way — and right after the devastating attacks committed by Hamas. 

Sen. Dafna Michaelson Jenet, D-Commerce City, issued a statement on X,  the social media platform previously known as Twitter, saying she "wholeheartedly disagreed" with Hernández' decision. 

"His posting of harmful rhetoric supporting the terrorist action on social media is reprehensible and dangerous," said Michaelson Jenet, who identified herself as "an Israeli and a Jew."

A censure is a form of public rebuke during which House leaders call out a member by reading a resolution criticizing that person’s behavior. It is a symbolic penalty, but it is not an expulsion. 

The last and possibly only time a Colorado lawmaker received a censure was 2008, when Douglas Bruce, R-Colorado Springs, kicked a Rocky Mountain News photographer as he took pictures of Bruce during a ceremonial prayer. Bruce explained later that “it wasn’t a field goal kick,” and described the interference as more of a “nudge.”

Even a few House Democrats, horrified by the weekend attack on Israel by Hamas, voiced displeasure in Hernández’ decision to appear publicly in support of Palestine.

Rep. David Ortiz D-Littleton, wrote on X: “Tim and I definitely stand apart when it comes (with) the way he is dealing with Hamas’ barbaric attack on Israeli civilians.”

In a text message to The Denver Gazette, he wrote, “It’s up to Rep. Hernández to explain his point of view to his constituents and to the media, not any of us.”

Hernández had no comment when asked for an explanation as to why he attended the rally. 

He later released a statement denying that he attended the rally to support Hamas or the attacks.

"I have listened and heard deeply from Jewish and Israeli Coloradans who have called for my solidarity in mourning their losses as well, Hernández wrote. 

He continued: "There must be more room in this conversation for nuance, rather than political attacks for partisan gain, if we are going to make progress towards peace."

At the time of this writing, House Democrats remained silent on where they stood on Hernández's action. 

The death toll from the weekend’s assault, which caught Israel off guard on a major Jewish holiday, stood at 1,100 Monday with thousands more wounded, according to the Associated Press. Meanwhile, Hamas and the smaller Islamic Jihad group claimed to have taken captive more than 130 people from inside Israel and brought them into Gaza, saying they would be traded for the release of thousands of Palestinians imprisoned by Israel. 

Frizell said that to formally punish Hernández with a censure outside of the legislative session would require a special session.

Though Colorado House Democrats have not publicly commented on Hernández’ show of support for Palestine, leadership condemned the attacks hours after they happened, saying on X, “Our hearts break for the innocent people murdered and brutally kidnapped in this calculated and violent attack on the Jewish people.”

Hernández, 26, was appointed to Colorado House District 4 six weeks ago by a committee of Democrats after Selena Gonzales-Gutierrez was elected to an at-large Denver City Council seat. His term is up in 2024.