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California’s Diwali holiday law faces legal challenge

The judge ruled on a petition filed by the San Francisco Taxpayers Association.

PTI

WASHINGTON: A California law recognising Diwali as an official state holiday has run into a legal challenge with the court finding it in violation of several provisions of the federal and state constitutions.

“The Court finds that AB 268 violates several provisions of the federal and state constitutions by giving Diwali special treatment expressly based on its religious importance without any significant secular considerations,” said Judge Stephen Acquisto of the Superior Court of California.

AB 268 refers to the bill passed by the California state assembly last year that added ‘Diwali’ to the list of state holidays.

The judge ruled on a petition filed by the San Francisco Taxpayers Association.

The judge made it clear that the Court’s ruling only addresses the constitutionality of AB 268, a specific piece of legislation, based on its express terms and legislative history.

“The Court is not making broader findings about the nature of Diwali that would preclude future legislation designating Diwali as a state holiday for constitutionally valid reasons,” Judge Acquisto said.

In a statement, the Hindu American Foundation (HAF) said the court ruling focused on the wording of the law describing the religious significance of Diwali, rather than the practical purpose of the holiday.

“HAF is monitoring this lawsuit and will continue supporting Hindu Americans in California as we work to protect the ability of our community to celebrate the holidays that matter,” the advocacy group said in a statement.

A final judgement in favour of the petitioners on the issue is awaited.

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