Howard Friedman (Religion Clause), NY Appellate Court Says Yeshiva University Must Recognize LGBTQ Student Group:
In YU Pride Alliance v. Yeshiva University, (NY App. Div. Dec. 15, 2022), a New York state appellate court affirmed a trial court's decision that New York City's public accommodation law requires Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance.
Yeshiva University Commentator, YU Loses in New York Appellate Court:
Katie Rosenfeld, the attorney for the Alliance, welcomed the decision. “We welcome today’s ruling … affirming that Yeshiva University cannot discriminate against its LGBTQ+ students by continuing its refusal to recognize the YU Pride Alliance and affirming the trial court’s ruling that YU must comply with the New York City Human Rights Law,” stated Rosenfeld in a statement provided to The Commentator.
“We hope that the University will accept the Pride Alliance's invitation to resolve the lawsuit by finally recognizing an authentic, student-run, mutually acceptable LGBTQ undergraduate student club that operates like all other clubs at YU.”
Hanan Eisenman, a spokesperson for YU, said that YU will continue its appeals. “Yeshiva is disappointed in the court’s ruling,” stated Eisenman, “and will continue on appeal to defend against the claim that we are not a religious institution.”
YU will now appeal its case to the New York Court of Appeals, the highest court in the state, followed by the U.S. Supreme Court, which previously denied YU’s request for a stay on the June order on Sept. 14, ruling YU needed to go through state courts first.
Forward, NY Appeals Court Agrees Yeshiva University Must Recognize LGBTQ Club
(Hat Tip: Steven Sholk)
Prior TaxProf Blog coverage:
- Letter from 48 Cardozo Law Professors, Yeshiva University Should Reverse Its 'Wrong And Unlawful' Ban On LGBTQ+ Student Group (May 2, 2021)
- New York Times, State Judge Rules Yeshiva University Must Recognize LGBTQ Student Club (June 19, 2022)
- Michael Helfand (Pepperdine; Google Scholar), Illegal Discrimination Or Religious Freedom? Understanding Yeshiva University’s Case Against The YU Pride Alliance (Sept. 4, 2022)
- New York Times, Justice Sotomayor Says Yeshiva University Can Bar LGBT Student Club — For Now (Sept. 11, 2022)
- Wall Street Journal, Supreme Court (5-4) Denies Yeshiva University Request To Block State Ruling On Recognition Of LGBTQ Club; Yeshiva Responds By Canceling All Student Groups (Sept. 18, 2022)
- Reuters, Cardozo Law School Fights Fallout From Yeshiva University LGBT Club Case (Sept. 25, 2022)
- Christianity Today, What Christian Colleges Can Glean From The Supreme Court’s ‘Yeshiva’ Case (Oct. 2, 2022)
- Chronicle of Higher Education, ‘Alternative’ or ‘Sham’? Yeshiva U. Created A New LGBTQ Club — But Won’t Recognize The One That Sued (Oct. 30, 2022)
- Inside Higher Ed, Yeshiva University Announces New LGBTQ Club While Continuing Its Legal Battle With The Existing One (Nov. 13, 2022)
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