Two California State University (CSU) professors, Sunil Kumar and Praveen Sinha, have filed an appeal in Federal court against CSU.
They contest the university's addition of 'caste' as a protected category in its non-discrimination policy, claiming it unfairly singles out Indian origin and Hindu students and employees.
The appeal aims to reverse the district court's decision, which dismissed the professors' Due Process Claims and ruled in favor of CSU on the Establishment Clause claims last November. According to the release, the appeal is based on three primary reasons:
It argues that the district court improperly dismissed the Due Process Claims, citing the professors' constitutional harm due to CSU's failure to define caste, leading to self-censorship.
It also contests the dismissal of the Establishment Clause claims, claiming that critical facts were ignored and the law was misapplied in determining whether the policy defined Hinduism to include a caste system.
Lastly, the appeal challenges the dismissal of the Free Exercise claims, arguing that the policy interferes with the professors' religious practices and impermissibly defines religious doctrine.
“The record is clear: ‘caste’ was added to CSU’s non-discrimination policy for no other plausible reason than to intentionally target Hindus and define Hinduism in a constitutionally impermissible manner,” said Samir Kalra, Esq., Hindu American Foundation (HAF) Managing Director.
“This appeal is therefore necessary to protect the basic constitutional rights of not only professors Sunil Kumar and Praveen Sinha, but all Hindu faculty, staff, and students at CSU campuses throughout California, Kalra added.
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