California Governor Rejects Legislation Aimed at Prohibiting Caste-Based Discrimination

Governor Gavin Newsom rejected a legislative proposal on Saturday that sought to make California the inaugural U.S. state to explicitly ban discrimination based on caste.

Caste is a social hierarchy determined by birth or lineage. Advocates for the most marginalized group in the caste system, known as Dalits, argue that legal measures are imperative for shielding them from prejudice in sectors such as housing, education, and technology, where they play pivotal roles.

Earlier in the year, Seattle became the first city in the United States to incorporate caste into its anti-discrimination statutes. On September 28, Fresno followed suit, becoming the second U.S. city and the first in California to extend its anti-discrimination codes to include caste and indigeneity.

In his official statement, Governor Newsom labeled the legislation as “redundant,” noting that California’s existing laws already forbid discrimination on a range of grounds including sex, race, color, religion, ancestry, national origin, disability, gender identity, and sexual orientation. He asserted that current civil rights protections were broad enough to include the issue of caste discrimination.

A 2016 report from the United Nations indicated that an estimated 250 million individuals across the globe continue to suffer from caste-based discrimination, prevalent in Asia, Africa, the Middle East, and the Pacific, as well as among diaspora communities worldwide. Caste systems are observed in diverse religious groups, including Buddhists, Christians, Hindus, Jains, Muslims, and Sikhs.

Advocates of the bill initiated a hunger strike in early September to push for its passage. Throughout their campaign, multiple instances of discrimination in workplaces, housing, and educational settings were highlighted by Californians. Conversely, critics of the bill, including specific Hindu organizations, labeled the proposed law as “unconstitutional” and claimed it could disproportionately affect Hindus and individuals of Indian descent. The topic has been a source of significant division within the Indian American community, drawing large numbers to state senate and assembly committee hearings in Sacramento.

Thenmozhi Soundararajan, Executive Director of Equality Labs, an Oakland-based organization focusing on Dalit rights, considered the momentum generated by the movement as a win for those oppressed by the caste system, stating that they have “successfully raised awareness and organized around the issue.”

The Hindu American Foundation and the Coalition of Hindus of North America considered Governor Newsom’s veto as an endorsement of their lobbying efforts. Samir Kalra, Managing Director of the Hindu American Foundation, said, “Governor Newsom’s decision has prevented a civil rights and constitutional catastrophe that could have stigmatized hundreds of thousands of Californians based on their ethnic or religious identity.”

State Senator Aisha Wahab, the first Muslim and Afghan American to serve in the California Legislature, was the one who initially introduced the bill. Had the legislation been enacted, it would have classified caste as a sub-category within the realm of ethnicity, thereby affording it protection under California’s anti-discrimination laws.

Nirmal Singh, a resident of Bakersfield and member of Californians for Caste Equity, noted that the bill’s introduction represented a changing perspective in California towards recognizing the reality of caste-based discrimination.

Republican State Senators Brian Jones and Shannon Grove had earlier urged Governor Newsom to veto the bill, arguing that it could profile South Asian Californians unfairly and pose risks to other residents and businesses in the state.

According to a 2016 survey by Equality Labs, 67% of U.S.-based Dalits who participated reported experiencing unfair treatment due to their caste. A 2020 study by the Carnegie Endowment for International Peace revealed that 5% of Indian Americans reported facing caste-based discrimination.

This article is supported by Big Big News religion coverage in collaboration with The Conversation US and is funded by Lilly Endowment Inc. The Associated Press holds exclusive responsibility for the content.

Frequently Asked Questions (FAQs) about California caste-based discrimination veto

More about California caste-based discrimination veto

• United Nations Report on Caste-Based Discrimination
• Equality Labs 2016 Survey
• Carnegie Endowment for International Peace 2020 Survey
• California’s Existing Anti-Discrimination Laws
• Seattle’s Anti-Discrimination Laws
• Fresno Municipal Code on Anti-Discrimination
• Official Statement from Governor Gavin Newsom
• Hindu American Foundation Statement on the Veto
• State Senators Brian Jones and Shannon Grove on the Bill