Calf. Gov. Newsom Vetoes Law Banning Caste Discrimination

Facts

• California Gov. Gavin Newsom vetoed a bill Saturday that would have explicitly banned caste discrimination in the state, calling the bill 'unnecessary' while citing various California laws that prohibit discrimination based on ancestry.¹
• The bill, Senate Bill 403, was introduced by Democratic state Sen. Aisha Wahab and passed California’s Assembly by a 55-3 vote and in the Senate by 31-5. The bill was amended several times to gain support in the chambers.²
• In order to differentiate her bill from California’s numerous civil rights laws prohibiting discrimination based on medical conditions, genetic information, sexual orientation, immigration status, and ancestry, Wahab’s bill expanded 'ancestry' to include 'lineal descent, heritage, parentage, caste, or any inherited social status.'³
• As the South Asian population, particularly Indian, has risen in the US and Canada, some people have claimed that caste discrimination must be addressed in their new countries. India banned such discrimination for more than 70 years but reports of bias against Dalits — 'untouchables' — have in diaspora communities in the US.⁴
• Earlier this year, Seattle became the first US city to include caste in its anti-discrimination laws, and Fresno followed suit on Sept. 28. Proponents of the bill went on a hunger strike campaign to advocate for the legislation, however, some Hindu groups called it 'unconstitutional,' adding that it could add polarization within the Indian-American community.⁵
• The Hindu American Foundation said the 'divisive bill' exclusively singles out South Asians while saying that Gov. Newsom 'averted a civil rights and constitutional disaster,' while Republican representatives echoed the argument that California's existing laws already cover caste discrimination.⁶

Sources: ¹Reuters, ²The Desert Sun, ³Associated Press (a), ⁴Guardian, ⁵Associated Press (b) and ⁶BBC News.

Narratives

• Narrative A, as provided by NBC. Gov. Gavin Newsom’s decision to veto the bill that would prohibit caste-based discrimination is a major setback in the fight for civil rights and equality. While Newsome and other opponents of the bill claim that existing laws include caste discrimination, the fact is that marginalized people still experience harassment and exclusion based on their inherited social position. There is no reason to not fortify and broaden anti-discrimination policies, but civil rights advocates will continue to fight for the oppressed.
• Narrative B, as provided by The Economic Times. Gov. Newsom made the correct decision to veto a bill that would have stigmatized Indian Americans and misrepresented Hindu beliefs. While some claim SB403 would decrease discrimination against Indians and other South Asians, the fact is that it would have increased the level of discrimination in California. South Asia is an incredibly diverse region, and a blanket caste law would misrepresent many people. Discrimination is already prohibited, and there was no reason to create confusing categories in this new bill.