3 weeks ago
Court Strikes Down California's Diwali State Holiday Recognition
California made Diwali an official holiday so people who celebrate it could enjoy the Festival of Lights.
The governor signed the law, and it let state workers take a paid day off and let some schools close for the celebration.
But a judge said the law was not fair because it gave special treatment to one religion.
In the United States, the government is not allowed to pick favorite religions.
So the judge cancelled large parts of the holiday law.
Now schools and workers are not sure whether they can get the day off for Diwali this year.
Many people in the Indian American community are disappointed and want the holiday to stay.
They may ask a higher court to change the decision, or write a new law with different words.
Meanwhile, Diwali is still celebrated by millions of people around the world this fall.
Judge Stephen Acquisto struck down key provisions of Assembly Bill 268, California's law making Diwali an official state holiday.
The ruling says AB 268 violates the Establishment Clause of both the US Federal and California State Constitutions by giving Diwali special treatment based on religious importance.
Governor Gavin Newsom signed AB 268 in October 2025, making California the third US state to recognize Diwali after Pennsylvania and Connecticut.
The decision leaves public school districts and community colleges facing legal ambiguity and pauses state employee paid leave for Diwali pending appeal.
The Hindu American Foundation and other advocates are weighing an appeal to the California Court of Appeal or new legislation with secularized language.
- Who
- California Superior Court Judge Stephen Acquisto issued the ruling; Governor Gavin Newsom signed the law; Assembly member Ash Kalra introduced AB 268.
- What
- A court struck down key provisions of AB 268, California's law recognizing Diwali as an official state holiday, ruling it violates constitutional protections against government endorsement of religion.
- Where
- California, United States.
- When
- The ruling came in July; AB 268 was signed in October 2025 and took effect on January 1, 2026.
- Why
- The court found the law gave Diwali preferential treatment based explicitly on its religious significance without a sufficient secular rationale.
Supporters of the Court Ruling
Critics of the Court Ruling
Religious Endorsement vs. Accommodation
Supporters of the Court Ruling
AB 268 gave Diwali special legal treatment expressly because of its religious importance, which amounts to unconstitutional government endorsement of a specific religion.
Critics of the Court Ruling
The law's intent was accommodation rather than endorsement — letting students and state employees observe a central festival without academic or professional penalties.
Judicial Scrutiny of Holiday Laws
Supporters of the Court Ruling
Newer legislative recognitions of religious festivals must pass strict judicial review and provide significant secular justification, unlike long-secularized holidays such as Christmas.
Critics of the Court Ruling
The ruling prioritized textual phrasing over the law's practical civil purpose, and Diwali's broad recognition — including by UNESCO and across many US states — shows it serves a civic role.
Key facts
- Law
- Assembly Bill 268 (AB 268)
- Signed by
- Governor Gavin Newsom
- Enactment
- Signed October 2025; effective January 1, 2026
- Ruling
- July 2026 — key provisions struck down
- Judge
- Stephen Acquisto
- Legal basis
- Establishment Clause (US Federal and California Constitutions)
- State ranking
- Third US state to recognize Diwali (after Pennsylvania and Connecticut)
- Next Diwali
- Sunday, November 8
Quotes
Judge Stephen Acquisto
Superior Court Judge for California who ruled on the holiday legislation
“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”
firstpost.com










