Mastodawn

MicroWave Oct 8, 2023

California governor vetoes bill that would have banned caste discrimination

California governor vetoes bill that would have banned caste discrimination - Lemmy.world

Gov. Gavin Newsom vetoed a bill Saturday that would have made California the first U.S. state to outlaw caste-based discrimination. Caste is a division of people related to birth or descent. Those at the lowest strata of the caste system, known as Dalits, have been pushing for legal protections in California and beyond. They say it is necessary to protect them from bias in housing, education and in the tech sector — where they hold key roles. Earlier this year, Seattle became the first U.S. city to add caste to its anti-discrimination laws. On Sept. 28, Fresno became the second U.S. city and the first in California to prohibit discrimination based on caste by adding caste and indigeneity to its municipal code. In his message Newsom called the bill “unnecessary,” explaining that California “already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation, and other characteristics, and state law specifies that these civil rights protections shall be liberally construed.”

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HidingCat Oct 8, 2023

This is the worse of the two vetoes I read; what would the addition of the bill cost anyway?

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givesomefucks Oct 8, 2023

“already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation, and other characteristics, and state law specifies that these civil rights protections shall be liberally construed.”

Caste falls under that stuff already…

The protections are already there, and making a specific law just for this would only legitimize that caste is a real thing and not some bullshit Indians did to discriminate amongst themselves.

So the bill would have accomplished nothing.

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Hillock Oct 8, 2023

Caste doesn't fall under any of these. Because people are clearly willing to hire Hindu people born in India of any gender. So you aren't discriminating against race, national origins, religion, color, or gender. Since the USA doesn't acknowledge caste it can't differentiate between two people of different caste just because of their caste.

The only thing you mentioned that might apply is "Ancestry" but I can't find a description of it since it isn't listed under the protected classes list.

Discrimination isn't inherently illegal. For example, you totally can discriminate against people under the age of 40. Which does happen. Many landlords won't rent to people under 30 and that's perfectly legal.

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AngryHumanoid Oct 8, 2023

But as you pointed out USA doesn’t acknowledge caste, so specifying caste discrimination would be bad, so making sure it can be prosecuted under the “general” discrimination laws makes more sense, doesn’t it?

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Hillock Oct 8, 2023

There are no "general" discrimination laws. There are only protected classes. As I said earlier you totally can discriminate against people as long as they don't fall under a protected class. And caste isn't covered by the existing protected classes. So even if you can prove discrimination based on caste is happening, it wouldn't be illegal at a federal level.

Outlawing something doesn't legitimate something. It just acknowledges that it is happening and requires action. And caste based discrimination is happening. Currently it's just legal.

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AngryHumanoid

No offense but I kinda feel like you know what I meant when I said “general” discrimination laws, as in “existing discrimination laws”.

From some quick googling “The California law bars discrimination on the basis on ancestry. Dalit lawyers believe that caste discrimination is covered under it. Legal scholars have also argued that caste discrimination is cognizable as race discrimination, religious discrimination and national origin discrimination.”

Like I said originally, I don’t see why specifying caste would be an issue. This hasn’t been tested in court in CA yet but clearly we can see why the argument is being made that existing laws already cover it.