Unveiling Prejudice: California’s Debate Over Caste-Based Discrimination Legislation

In a disappointing move for advocates of social justice, California Governor Gavin Newsom vetoed a bill on Saturday that would have added “caste” to the list of protected groups safeguarded against discrimination in the state. Senate Bill 403 aimed to make California the first state to enact such a law, altering the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA) by including caste as part of the definition of ancestry. The bill was introduced by Senator Aisha Wahab in August 2023 as a response to increasing reports of caste-based discrimination from constituents in her district, which partially includes Silicon Valley.

Governor’s Veto & Reasoning

Despite considerable support for the bill from activists and lawmakers, Governor Newsom made the decision to veto it. In a statement to senators who had approved the bill the previous month, Newsom expressed his commitment to treating everyone with dignity and respect, regardless of their background. “In California, we believe everyone deserves to be treated with dignity and respect, no matter who they are, where they come from, who they love, or where they live,” the governor asserted. He further pointed out that existing California state law already provides protection against discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation, and other characteristics. According to Newsom, discrimination based on caste is already prohibited under these existing categories, rendering the bill unnecessary.

Background of the Bill

Senator Aisha Wahab introduced Senate Bill 403 in response to the distressing accounts of caste-based discrimination shared by constituents in her district. She emphasized the experiences of Dalit women and stressed the bill’s importance in addressing caste discrimination. Wahab believed that the inclusion of caste in existing protections would enhance access to resources, promote cultural competency in agencies and organizations, and empower individuals facing caste discrimination. By recognizing caste as an individual’s perceived position in a system of social stratification, the bill aimed to address the inherited and restricted nature of caste status, alongside societal-enforced restrictions on marriage, segregation, and discrimination and exclusion based on perceived status.

Proponents’ Arguments

Advocates of Senate Bill 403 passionately voiced their support, highlighting the necessity of adding caste as a separate protected category. They emphasized the significance of Silicon Valley, a hub for technology and innovation, in addressing caste-based discrimination. The inclusion of Seattle, which became the first jurisdiction in the United States to protect against caste discrimination earlier this year, was referenced as a step towards raising awareness and rectifying the issue. Proponents argued that caste-based discrimination continues to persist and that specific protections are required to address the unique challenges faced by individuals belonging to lower castes.

Opposition to the Bill

Governor Newsom’s veto was supported by those who expressed reservations about adding caste as a separate protected category. Opponents cited the existing protections already in place against discrimination based on various factors such as race, religion, sex, and national origin. From their perspective, adding caste as a separate category would create unnecessary and potentially confusing redundancy in the law. Critics argued that the prevailing protections adequately address the issue of caste discrimination, and that further legislation is unwarranted.

With the governor’s veto, the bill to add caste as a protected group against discrimination in California has been rejected. The decision has disappointed advocates who believe that specific protections are necessary to combat caste-based discrimination. The ongoing issue of caste discrimination remains a significant concern that demands attention and action. While California already has broad protections in place against various forms of discrimination, the exclusion of caste as a separate category raises questions about the unique challenges faced by individuals belonging to lower castes. Moving forward, there is a need for continued dialogue and efforts to address caste-based discrimination, ensuring that all individuals are treated with dignity and respect, regardless of their perceived status in society. The veto decision by Governor Newsom serves as a reminder of the complexity surrounding issues of discrimination and the ongoing struggle for equal rights and justice.

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