The Dalit Project

Event

Seattle Anti-Caste Discrimination Ordinance (February 21, 2023)

2023-02-21

On February 21, 2023, the Seattle City Council passed Council Bill 120511 (Ordinance 126767), making Seattle the first city in the United States — and the first jurisdiction anywhere in the world outside South Asia — to explicitly ban discrimination based on caste. Sponsored by District 3 Councilmember Kshama Sawant, Seattle's only elected socialist and the sole Indian American on the council at the time, the bill passed 6-1. Council Member Sara Nelson cast the lone dissenting vote; two council members were absent. Mayor Bruce Harrell signed the ordinance on February 23, 2023, and it took effect on March 25, 2023.

The ordinance amended 22 sections of the Seattle Municipal Code to add caste as a protected class alongside race, religion, gender identity, national origin, immigration status, disability, and military status. It defines caste as "a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion," with markers including surname, food practices, geographic region of origin, and dress. Protections extend to employment, housing, public accommodations, and city contracting, and cover discrimination based on actual, perceived, or alleged caste status. The ordinance acknowledged that caste-based oppression is not exclusive to South Asian communities but also appears in Christian and Muslim traditions and in communities across Japan, the Middle East, Nigeria, Somalia, and Senegal.

The legislation was grounded in documented evidence of caste discrimination in the United States. A 2018 report by Equality Labs, "Caste in the United States," found that two-thirds of Dalits surveyed had experienced workplace discrimination, 41 percent reported educational discrimination, and 25 percent reported physical or verbal assault — all within the United States. Research from the Carnegie Endowment for International Peace corroborated widespread caste-based harm in South Asian American workplaces, schools, and housing. Sawant stated the council had received over 4,000 emails in support of the ordinance.

Community support was extensive and organized. Nearly 200 organizations backed the measure, including Equality Labs, the Ambedkar International Center, the Ambedkar Association of North America, the Ambedkar King Study Circle, the NAACP, the Asian Pacific American Labor Alliance (APALA/AFL-CIO), and the Alphabet Workers Union. Activists traveled from across the United States to testify at the council hearing. Opposition came principally from the Hindu American Foundation (HAF) and the Coalition of Hindus of North America, who argued the ordinance unfairly targeted the Hindu community and was unconstitutional; the Vishva Hindu Parishad, aligned with India's ruling BJP, also opposed it. On May 11, 2023, a plaintiff filed a federal lawsuit challenging the law on First Amendment (Free Exercise and Establishment Clauses) and Fourteenth Amendment (Equal Protection) grounds. On March 8, 2024, U.S. District Judge Richard A. Jones rejected the challenge in full, finding the ordinance facially neutral, generally applicable, and constitutional.

The Seattle ordinance is broadly recognized as a landmark in the global Dalit rights movement. It demonstrated that caste discrimination could be addressed through existing Western civil rights frameworks and inspired subsequent legislative and institutional efforts across the United States, including caste-protection policies at universities and ongoing state-level legislative campaigns.

Sources

  1. 1.Seattle City Council Record: CB 120511 / Ord 126767Seattle City Council LegistarSeattle City Council, CB 120511 / Ord 126767, introduced Feb 8 2023, passed Feb 21 2023, signed Feb 23 2023
  2. 2.Councilmember Sawant and South Asian Community Leaders Introduce First-in-the-Nation Legislation To Ban Caste DiscriminationSeattle City Council BlogSeattle City Council Blog, Jan 24 2023 — lists supporting orgs and sponsor statement
  3. 3.Seattle Becomes First US Jurisdiction to Add Caste as a Protected ClassMorgan Lewis (law firm)Morgan Lewis, Mar 2023 — bill scope, definition, effective date, employer obligations, enforcement pathways
  4. 4.Seattle Becomes First US City to Ban Caste Discrimination With Kshama Sawant OrdinanceCommon DreamsCommon Dreams, Feb 2023 — vote 6-1, Equality Labs data, Yogesh Mane quote
  5. 5.Seattle becomes the first city to ban caste discriminationKNKX Public RadioKNKX Public Radio, Feb 21 2023 — vote count, two absent members, mayor receipt, HAF opposition, Sawant quote
  6. 6.Seattle Has Banned Caste Discrimination, a First Outside South AsiaJacobinJacobin, Apr 2023 — community organizing, ~200 supporting orgs, opposition framing, broader significance
  7. 7.US Court: Seattle ban on caste-based discrimination upheldCitizens for Justice and Peace (CJP)CJP, 2024 — federal legal challenge filed May 2023, dismissed by Judge Richard A. Jones on Mar 8 2024