California’s decision to add Diwali to the state holiday calendar has been paused after a court challenge, turning a cultural recognition into a legal dispute.
Governor Gavin Newsom signed legislation last year that would make Diwali the state’s 12th official holiday. The law would have let eligible state employees observing Diwali take a paid holiday, given schools and community colleges the option to close, and permitted classroom activities acknowledging the occasion. The measure was presented as a recognition of the cultural and civic contributions of South Asian communities across California.
The San Francisco Taxpayers Association filed a petition opposing implementation. The group argued the law could cost the state up to about 68.8 million dollars in administrative expenses and contended that formally recognizing Diwali risked government endorsement of a particular religion, which they said could violate the US Constitution. Their attorney, Paul Scott, also warned that allowing schools to celebrate Diwali in classrooms might disadvantage followers of other minority faiths if similar recognition were not extended to their observances.
A Sacramento County Superior Court judge granted the petition last month, blocking immediate implementation of the law. The ruling does not permanently ban recognition of the day, but it does halt the law while legal questions about constitutionality and costs are considered. The judge also left open the possibility that lawmakers could return with a revised bill reframed to avoid centering on the festival’s religious meaning.
Supporters of the original legislation say the aim was inclusion rather than endorsement. Advocates and community leaders described Diwali as an occasion with both religious and secular elements, comparable in some respects to how Christmas is observed by many as a family, cultural, and civic celebration as well as a religious festival. Atul Shah, president of the Federation of Jain Associations in North America, argued the recognition acknowledged an observance celebrated by a large and diverse segment of Californians and their contributions to the state. Archana Venkatesan, a religious studies professor at UC Davis, emphasized Diwali’s community and family-centered aspects.
California has the largest South Asian population in the United States. If the law had taken effect, the state would have joined Pennsylvania and Connecticut in officially recognizing Diwali. Other jurisdictions already accommodate the festival: New York City public schools close for Diwali, New Jersey allows students to take the day off for observance, and Los Angeles County has recognized Diwali since 2022.
The case highlights the tension lawmakers face when recognizing cultural observances that have both religious and civic dimensions. Moving forward, state legislators may attempt to draft a version of the measure that emphasizes secular or cultural aspects of Diwali to address constitutional concerns while still acknowledging the festival’s importance to many Californians.