Coast Effort To Bar ‘Caste Discrimination’ Signals New Liberal Cause While Raising Concerns Over Religious Liberty

If Governor Newsom signs a bill banning caste discrimination, California would become the first state to do so, raising questions whether anti-discrimination laws can include caste or such provisions unfairly single out the Hindu religion and violate the free exercise clause of the First Amendment.The bill, just passed by the legislature, is sparking debate about the prevalence of caste discrimination in America. It aims to define “ancestry” — currently protected under state civil rights laws — to include “caste,” following the passage of a similar ordinance by Seattle earlier this year.There has long been debate about how closely caste is tied to Hinduism, as some advocates claim caste discrimination is systemic, while others respond that Hinduism is moving beyond it. In light of caste’s origins in — and close ties to — Hindu religious scriptures and practice, efforts to ban it also raise concerns about whether such a prohibition would infringe on the free exercise rights of Hindus.“Questions have arisen about the constitutionality of prohibiting caste discrimination,” a University of Maryland professor, Guha Krishnamurthi, recently observed in the University of Chicago Law Review. “Opponents principally argue that recognizing caste discrimination violates the Establishment and Free Exercise Clauses of the First Amendment because governmental entities demean religions, like Hinduism, in doing so.”Early roots of the caste system can be found in the Rig Veda, an ancient and sacred Hindu text, which describes four social categories working together — priests, warriors, business, and laborers — and stemming from a supreme being. Over time, a fifth category, “untouchables” (later called Dalits) was formed.Caste evolved into a birth-based social hierarchy, which despite being outlawed in India’s constitution, persists socially in some areas to this day. About half of Hindu Indian Americans identify with a caste group, a 2020 survey found, with more than 80 percent identifying in the General or upper caste.Some analysts of the California legislation see its potential benefits — barring in hiring, say, discrimination against those deemed “low caste” — as outweighing any possible infringement on Hindu religious identity or practice.“On my reading of the bill, I think the bill is well-crafted to the end of recognizing and remedying caste discrimination,” Mr. Krishnamurthi tells the Sun.Mr. Krishnamurthi argues that governments can recognize caste discrimination without “unnecessarily disparaging religion.” Since caste “as a category is distinctive: it does not squarely fit within race, spans various religions, and is not generally considered an ethnicity,” Mr. Krishnamurthi notes, it does not require the government to violate neutrality by specifically targeting Hinduism. Opponents of the caste discrimination bill say it is unconstitutional because the term “caste” is heavily associated with Hinduism and South Asia, violating requirements for laws to be “facially neutral and generally applicable.”“We hope that Governor Newsom will veto” the bill, a spokesman for the Hindu American Foundation tells the Sun. “We are already seeing Hindus being racially targeted on social media” because of the bill “and fear this will extend to the workplace and educational institutions as well.” On a national level, the spokesman added, “historically what happens in California is often emulated in other states, for better and worse.” The bill is “bigotry dressed up as social justice,” argues an Indian-American journalist, Asra Q. Nomani, in an opinion piece for the Orange County Register. “To suggest that Indian Americans of Hindu origin are especially prone to bringing ‘old country’ biases with them to the United States is an age-old xenophobic slander that has been employed against every immigrant group for time immemorial,” Ms. Nomani writes. “What Irish or Italian American will be accused of caste discrimination?”Existing statutes protect against class-based discrimination, Ms. Nomani adds, making it unclear why a caste bill is urgent.Advocates for the bill say they are confident Mr. Newsom will sign it.“He has always spoken up for those who could not speak for themselves, so we trust that Governor Newsom will make an informed decision in the interest of the civil rights of all California citizens,” Equality Labs’ executive director, Thenmozhi Soundararajan, who advocates for Dalit civil rights, tells the Sun. The bill does not target any specific group, Ms. Soundararajan said, since caste systems exist around the world. “The UN Convention on Racism and Discrimination recognizes caste as a form of racial discrimination, and this bill will actually serve as a remedy to this discrimination,” she said. Mr. Newsom is evaluating the bill “in its merits,” the Associated Press reports. The governor did not respond to the Sun’s requests for comment.Although the caste traditionally refers to the Hindu system, caste language is increasingly being raised in debates about race in America. Following the murder of George Floyd, a New York Times feature by Isabel Wilkerson argued America had an “invisible scaffolding, a caste system with ancient rules and assumptions that made such a horror possible.” If California bans caste discrimination, policymakers, activists, and legislators in other states will raise questions about what “caste” in America today means. That in turn is likely to fuel debate over the legality — and necessity — of including caste in anti-discrimination laws, as well as its constitutionality as it relates to religious liberties.

Coast Effort To Bar ‘Caste Discrimination’ Signals New Liberal Cause While Raising Concerns Over Religious Liberty

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