US Court: Yeshiva University Must Recognize LGBTQ+ Club

Facts

  • A New York appeals court on Thursday ruled Yeshiva University (YU) must formally recognize an LBGTQ+ club on campus, rejecting the Jewish school's claim that the mandate violates its religious rights.
  • The four-judge panel said the university doesn't qualify as a "religious corporation," which would exempt it from the New York City Human Rights Law prohibiting discrimination by a place or provider of public accommodation.
  • The court noted that YU previously amended its charter to allow secular degrees and designate itself as a "non-denominational" university, adding that it has also already allowed LGBTQ+ clubs at three of its graduate schools.
  • This is the latest decision in the legal battle between Yeshiva and the group, YU Pride Alliance, after SCOTUS in September ordered the school to comply with lower court rulings until it exhausted all state-level appeals.
  • In response to the decision, the Manhattan-based Modern Orthodox Jewish university said it would continue to fight for its status as a religious institution. Four conservative SCOTUS justices have said they would take up the case if YU loses all of its lower court appeals.

Sources: Reuters, Jerusalem Post, Law and Crime, and Gothamist.

Narratives

  • Right narrative, as provided by Legal Insurrection. Regardless of what the court said, YU has a long history of promoting scientific and academic progress while adhering to its Orthodox faith. Using the strong arm of government to force institutions into compliance won't bring anyone together. Rather, the division between secular and religious beliefs will build, creating greater resentment as religious liberty comes under attack.
  • Left narrative, as provided by Americans United. This decision should be celebrated by religious and secular Americans. Beyond Yeshiva's clear violation of NY law, its attempt to ban LGBTQ+ clubs violates the true meaning of religion – which should be a shield to protect everyone, not a weapon to hurt those who are different.