California Governor Vetoes Anti-Caste Discrimination Bill SB 403: Examining the Decision and its Implications

On Saturday, Governor Gavin Newsom of California vetoed the anti-caste discrimination bill SB 403. The legislation sought to expand California’s existing discrimination protections by explicitly including “ancestry” and “caste.”

The bill described ancestry as “lineal descent, heritage, parentage, caste, or any inherited social status,” while it defined caste as “an individual’s perceived position in a system of social stratification on the basis of inherited status.” Consequently, it sought to create legal protection against discrimination inherited social statuses, traditionally associated with the Indian caste system.

In a letter to the California Legislature, Newsom justified his veto, stating: “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. That is why California already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation, and other characteristics. Because discrimination based on caste is already prohibited under these existing categories, this bill is unnecessary.”

State Senator Aisha Wahab, the bill’s sponsor, has yet to comment on the veto. Shortly after the bill was passed through the California State Assembly, Wahab defended the need for the bill, declaring, “We are protecting people from a long-standing form of discrimination with SB 403.” Several non-profit organizations also supported the bill, including the American Civil Liberties Union (ACLU), the California Employment Lawyers Organization, and Legal Aid at Work.

There has been an uptick in anti-caste discrimination laws across the United States this year, with Seattle, Washington and Fresno, California both passing ordinances to ban caste discrimination. The caste system is deeply entrenched hierarchy often affiliated with India, with social class passed down through ancestry. India outlawed the caste system in 1950, but a 2018 study from Azim Premji University indicated that caste discrimination is still prevalent in the workplace.