The controversy started after California Governor Gavin Newsom enacted a law last year designating Diwali as the state’s 12th official holiday, as reported by the Los Angeles Times. However, the law has been paused after a judge from the Sacramento County Superior Court ruled in favor of a petition contesting its implementation.
What prompted the legal challenge?
The petition was brought forth by the San Francisco Taxpayers Association, which contended that recognizing Diwali as an official state holiday would incur significant costs, violate the US Constitution, and effectively prioritize Diwali over other religious observances.
According to the petition, the law would permit eligible state employees who celebrate Diwali to receive a paid holiday. It also allowed schools and community colleges the option to close on the festival and facilitated classroom activities that acknowledge the occasion.
The group estimated that enforcing the law could lead to administrative costs of up to $68.8 million. The lawyer for the petitioners, Paul Scott, stated that the legal challenge was not aimed at those who celebrate Diwali. Instead, he contended that establishing it as an official state holiday could be interpreted as government endorsement of a specific religion, which is prohibited by the US Constitution.
Scott further argued that the law would enable schools to celebrate Diwali in classrooms, potentially putting adherents of other minority religions at a disadvantage if their festivals were not similarly acknowledged.
“If you’re not of that religion and you’re of some other minority religion, particularly, that could imply that Diwali is somehow favored in our community and with the state government; that’s constitutionally concerning,” Scott added.
Court halts implementation
Recently, a judge in Sacramento ruled in favor of the petition, effectively blocking California from adding Diwali to its official state holiday list for the time being.
Nonetheless, the ruling allows the possibility for lawmakers to propose a revised version of the legislation that does not focus on the festival’s religious significance.
Advocates claim Diwali transcends a religious festival
Supporters of the legislation argue that the intent was to recognize California’s diverse communities, rather than to endorse a specific religion.
Atul Shah, president of the Federation of Jain Associations in North America, mentioned that the legislation acknowledged an important observance celebrated by a diverse and large section of Californians while highlighting “the contributions these communities have made to the social, cultural, and economic landscape of our state.”
Archana Venkatesan, a religious studies professor at the University of California, Davis, also asserted that Diwali, similar to Christmas, carries both religious and secular significance, with celebrations focusing on community and family.
Increasing recognition of Diwali
California boasts the largest South Asian population in the United States. Had the legislation been enacted, California would have joined Pennsylvania and Connecticut as the third US state to officially recognize Diwali. Furthermore, public schools in New York City close for Diwali, while New Jersey permits students to take the day off to observe the festival. Los Angeles County has officially acknowledged Diwali since 2022.
