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| California State Sen. Aisha Wahab, center, introduced the bill that would have banned caste in the state. Gov. Gavin Newsom vetoed the bill Saturday. |
Newsom, who was caught between Democratic progressives and civil rights advocates, and an influential conservative South Asians, said the proposed laws was "unnecessary" because existing law already prohibited discrimination.
Newsom's veto was welcomed by Samir Kalra, managing director of the Hindu American Foundation, who stated: "With the stroke of his pen, Governor Newsom has averted a civil rights and constitutional disaster that would have put a target on hundreds of thousands of Californians simply because of their ethnicity or their religious identity, as well as create a slippery slope of facially discriminatory laws."
"We thank Governor Newsom for listening to the thousands of voices that contacted his office and seeing that SB-403 was premised on racist rhetoric, a baseless lawsuit, egregious Civil Rights Department misconduct, false claims about the Hindu religion and South Asian community at large, and the self-serving, methodologically flawed, caste survey by Equality Labs," continued the HAF statement.
Caste is an ancient, complex social system that regulates people's social status based on their birth. It's primarily associated with India and Hinduism, but caste-based divisions are also found in other faiths and countries.
Even though caste s illegal in India, the social construct is so embedded in South Asian culture, it still affects most aspects of life, including who one associates with, who one marries and employment opportunities. The immigrant workers brought to the US for their tech skills make up a significant number of employees in the high-tech industry. Members of the lower castes say the belief system also made the trip across the Pacific.
Caste issues have surfaced prominently in Silicon Valley, where Indian workers with bachelor’s degrees made up 27% of tech workers in Santa Clara and San Mateo counties in 2021, according to CalMatters. Wahab's district covers part of Silicon Valley in the State Senate.
The state filed a lawsuit against Cisco two years ago in behalf of an employee who accused managers of bias because of his lower caste status. He alleged that he received lower pay and was denied career opportunities. While the state has dropped charges against the managers, the suit against Cisco is still being litigated.
Althugh Cisco is the poster child of caste in California, is not alone in its awkward dealing with caste, which is not a protected class in California, unlike race, ethnicity and religion. Other Silicon Valley giants such as Google and Microsoft and other companies, who employ large numbers of H-1B visa holders, most of whom come from South Asia, have also come under scrutiny.
Caste issues have surfaced prominently in Silicon Valley, where Indian workers with bachelor’s degrees made up 27% of tech workers in Santa Clara and San Mateo counties in 2021, according to CalMatters. Wahab's district covers part of Silicon Valley in the State Senate.
The state filed a lawsuit against Cisco two years ago in behalf of an employee who accused managers of bias because of his lower caste status. He alleged that he received lower pay and was denied career opportunities. While the state has dropped charges against the managers, the suit against Cisco is still being litigated.
Althugh Cisco is the poster child of caste in California, is not alone in its awkward dealing with caste, which is not a protected class in California, unlike race, ethnicity and religion. Other Silicon Valley giants such as Google and Microsoft and other companies, who employ large numbers of H-1B visa holders, most of whom come from South Asia, have also come under scrutiny.
If the bill had been signed by Newsom, California would have been the first state to ban the caste system. The cities of Seattle and Fressno, Calif. have instituted bans on caste.
Wahab's office did not immediately respond to Newsom's veto, but several of the bill's supporters did not hesitate to express their disappointment.
Amar Shergill, former chairperson of the California Democratic Party’s progressive caucus which backed the bill, was undeterred in his support. He noted that past civil rights bills also took many tries, and many years, before they passed.
“It is a testament to the righteous energy in this movement that we came so far, so fast,” Shergill wrote on X. “Caste discrimination is a scourge which we have brought to the top of public consciousness and that new fact will spare many people from suffering. I am confident that this issue will receive favorable outcomes when it is tested in Court because we have successfully educated the legal world and won them to our side.”
"The Sikh Coalition was proud to sponsor this legislation, because we know firsthand the pain and trauma that comes with being targeted by hate, and the Sikh faith explicitly condemns caste discrimination," said Harman Singh, Policy & Education Director, Sikh Coalition. "Accordingly, we joined more than 45 Sikh organizations and gurdwaras in California urging Gov. Newsom to sign this bill. While we are frustrated by this failure to take a meaningful step forward for the civil rights of all, we will continue to fight for legislation that protects all communities—including the Dalit community—from hate and discrimination."
Wahab's office did not immediately respond to Newsom's veto, but several of the bill's supporters did not hesitate to express their disappointment.
Amar Shergill, former chairperson of the California Democratic Party’s progressive caucus which backed the bill, was undeterred in his support. He noted that past civil rights bills also took many tries, and many years, before they passed.
“It is a testament to the righteous energy in this movement that we came so far, so fast,” Shergill wrote on X. “Caste discrimination is a scourge which we have brought to the top of public consciousness and that new fact will spare many people from suffering. I am confident that this issue will receive favorable outcomes when it is tested in Court because we have successfully educated the legal world and won them to our side.”
"The Sikh Coalition was proud to sponsor this legislation, because we know firsthand the pain and trauma that comes with being targeted by hate, and the Sikh faith explicitly condemns caste discrimination," said Harman Singh, Policy & Education Director, Sikh Coalition. "Accordingly, we joined more than 45 Sikh organizations and gurdwaras in California urging Gov. Newsom to sign this bill. While we are frustrated by this failure to take a meaningful step forward for the civil rights of all, we will continue to fight for legislation that protects all communities—including the Dalit community—from hate and discrimination."
EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow me at Threads.net/eduardodiok, @DioknoEd on Twitter or at the blog Views From the Edge.
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