Preliminary Thoughts on Potential Constitutional Flaws in SB 403, a California Proposal to Prohibit Caste Discrimination
The text of the bill (in Section 1) provides in relevant part that:
“Caste” refers to an individual’s perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
The bill’s findings (also embodied in the text of Section 1 of the law) go on to say that:
Caste discrimination is present across South Asia and the South Asian diaspora, as well as around the world. While caste systems are strongly associated with South Asia, similar systems exist in regions including, but not limited to, South America, Asia, and Africa. Caste discrimination is also found across communities of religious practice.
Inasmuch as “caste” means a system of social stratification on the basis of inherited status, wouldn’t caste discrimination already be prohibited by provisions outlawing discrimination on account of “ancestry” or other prohibited bases? The answer, according to SB 403 itself, is yes. The bill states, again in Section 1, that:
The amendments in this act are declarative of and clarify existing law. This act shall not be construed to mean that caste discrimination is not already prohibited under existing law, including by protections for religion, ancestry, national origin, ethnicity, race, color, or any other protected characteristic under existing law.
I will have less of a presence on The Torrid Tribe Community. We have very little activity here. This is a sign to me that members have found other social media resources that they are spending more time in. I am happy to see less censorship on social media in general. I started The Torrid Tribe 4 years ago when we were in a state of censorship and lockdowns. It was a difficult time and this was a haven and sanctuary for so many.
I will be lightly posting things here to give you all content to see. This community will always be open to everyone and will resurrect to its full capacity if subscribers show they want it fully operational again with full time administration.
Thank you for being a part of this community. Sending each of you hugs.
K-
Creator of The Torrid Tribe
Passion is the vibe that I want to bring to this community. I want to enjoy your passion for whatever it is you are into. Let's share what we learn - and learn what each other shares. Foodies unite. I love to cook and share recipes. I will regularly post pictures and recipes are available upon request. I would enjoy discussing your past, present and future journeys. Nature is God and Mother Earth's exquisite gift to us. Share a picture and we will enjoy the beauty through your eyes. Let's get deep and consensual with great subjective matter. This is a non judgemental safe place to let everything hang out.
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Thank you and hugs.
Torri
