Thursday, January 23, 2025

9th Circuit: Hindu Out-of-Stater Lacks Standing to Challenge Ban on Caste Discrimination

In Bagal v. Sawant, (9th Cir., Jan. 21, 2025), the U.S. 9th Circuit Court of Appeals held that a practicing Hindu who lives in North Carolina lacks standing to challenge a Seattle, Washington Anti-Caste Discrimination Ordinance. The court said in part:

Appellant argues that the Ordinance violates the Free Exercise and Establishment Clauses of the First Amendment and the Equal Protection and Due Process Clauses of the Fourteenth Amendment....

Appellant speculates that the Ordinance could be enforced against him on a future visit to Seattle for ordering a vegetarian meal or wearing a religious marker called a Mauli thread on his wrist.  But these activities are not prohibited by the Ordinance, and Appellant fails to demonstrate that engaging in them would subject him to a credible threat of prosecution....

Appellant argues that the Ordinance creates stigma toward the Hindu religion, which amounts to disapproval of Hinduism over other religions and causes Appellant to refrain from certain Hindu practices.... Appellant has offered no plausible connection between his decision to refrain from engaging in certain Hindu practices in North Carolina and a Seattle Ordinance that prohibits none of those activities....

Appellant has also not demonstrated that he has a geographical connection to the Ordinance sufficient for standing for an Establishment Clause claim.