In a move that has garnered significant attention, California Governor Gavin Newsom vetoed Senate Bill 403 (SB-403), which sought to explicitly outlaw caste-based discrimination in the state. The decision came after intense lobbying from both supporters and opponents of the bill, and has elicited a range of reactions from various stakeholders.
The proposed legislation, introduced by state Sen. Aisha Wahab (D-Hayward), aimed to incorporate caste into the definition of ancestry. This would have made it illegal to discriminate on the basis of caste under the Unruh Civil Rights Act, Fair Employment and Housing Act, and education discrimination law. The bill's hearings were among the most attended of the session, with extensive public testimony and demonstrations outside the Capitol. The proposal notably divided California's substantial South Asian community.
Governor Newsom, in his veto message, stated that the bill was redundant, as caste discrimination is already prohibited under existing civil rights protections. He emphasized California's commitment to treating everyone with dignity and respect, regardless of their background. The governor's decision came despite a hunger strike by supporters of the bill and rallies held outside the Capitol to pressure him into signing it.
Opponents of the bill, including national Hindu groups like the Hindu American Foundation (HAF) and the Coalition of Hindus of North America, argued that the legislation would stigmatize Hindus and people from South Asia, where the caste system has historical roots. These groups had previously threatened legal action if the bill was passed. Their concerns were echoed by Republican state senators Brian Jones and Shannon Grove, who penned a letter to Newsom urging him to veto the bill. They argued that the legislation would racially profile South Asian Californians and jeopardize the state's innovative edge.
The Hindu American Foundation, in response to the veto, expressed its gratitude to Governor Newsom. Samir Kalra, HAF Managing Director, lauded the governor's decision, stating that it prevented a civil rights and constitutional crisis that could have negatively impacted hundreds of thousands of Californians based on their ethnicity or religious identity. Suhag Shukla, HAF Executive Director, emphasized that any discrimination based on caste goes against Hindu teachings and existing legal protections.
On the other hand, proponents of the bill viewed it as a necessary step to address and prevent caste-based discrimination in California. They believed that the explicit mention of caste in the legislation would offer clearer protections to those facing such discrimination.
The debate over SB-403 has highlighted the complexities and sensitivities surrounding the issue of caste-based discrimination, especially within the South Asian community in California. While the bill has been vetoed, the discussions it has sparked are likely to continue, as stakeholders on both sides seek to address the concerns and challenges related to caste discrimination.
