In Kumar v. Koester, (9th Cir., March 12, 2023), the U.S. 9th Circuit Court of Appeals held that two Hindu California State University college professors lack standing to challenge the addition of "caste" as a protected class under the university's anti-discrimination and harassment policy. Plaintiffs claim that this addition falsely attributes a caste system to Hinduism. The court said in part:
Appellants allege that the Policy’s inclusion of “caste” stigmatized their religion and caused them to self-censor certain religious practices, like celebrating holidays and discussing religious texts....
The complaint ... alleges that the Policy violates the Religious Clauses of the First Amendment by defining the Hindu religion as including a caste system, and in doing so, “ascrib[es] an oppressive and discriminatory caste system to the entire Hindu religion.”...
Appellants failed to show that they intend to engage in any religious practice that could reasonably constitute caste discrimination or harassment such that the Policy would be enforced against them....
... How can Appellants be injured by a policy prohibiting conduct that they have no intention to engage in?...
... Appellants have alleged no injury to their ability to exercise their religion. Rather, their claims only indicate that they are offended by an alleged association of the caste system with Hinduism. This is the exact “moral, ideological, or policy objection to a particular government action” that the injury in fact requirement is meant to “screen[] out.”...
... [T]he district court made a factual finding that the Policy had no hostility toward religion. It based that finding on (1) the fact that the Policy does not mention Hinduism; (2) dictionary definitions show “caste” is “readily defined without reference to Hinduism”
... If the Policy does not stigmatize Hinduism, Appellants have no spiritual injury. And if there is no injury, there is no standing.... Appellants’ Establishment Clause claim fails for lack of Article III standing....
[Thanks to Dusty Hoesly for the lead.]
