Yeshiva University, an orthodox Jewish university in New York City, filed an emergency request with the Supreme Court to uphold the University’s First Amendment ability to reject an LGBTQ student group, YU Pride Alliance, that contradicts their religious beliefs. Last week, SCOTUS ruled to uphold a New York State judge’s decision, which established that the university was required to abide by the New York City Human Rights Law, which bans “discrimination based on sexual orientation.”
“In a 5-4 vote, the justices rejected an emergency request made by Yeshiva University, which claims that recognizing the group would be contrary to its sincere religious beliefs.”
NBC News
The law “prohibits discrimination in New York City, in employment, housing, and public accommodations.” The legislation specifies that discrimination in public spaces is strictly prohibited — therefore Yeshiva University rightly objected to being bound by this law on the basis that they are a private and religious institution. The university should have been protected by the First Amendment.
The law even provides protection for religious beliefs, but in this case it was used to reject the notion that certain religions deny assertions made by LGBTQ groups.
“The Law prohibits discrimination in employment, housing and public accommodations based on actual or perceived religion or creed.”
NYC Government
NBC News reported that the “university’s student bill of rights says the New York Human Rights Law applies to students” however the legislation provides an exemption for religious institutions, meaning that the university’s right to exclude specific groups on religious grounds would remain. However, State Judge Lynn Kotler did not agree, she was the initial judge who ruled against the Jewish university.
After the ruling, Yeshiva University has announced that it will be suspending all clubs on campus until further notice, stating, “Considering the upcoming Chagim (holidays), the university will hold off on all undergraduate club activities while it immediately takes steps to follow the roadmap provided by the US Supreme Court to protect YU’s religious freedom. Warm wishes for a Shannah Tovah.”
Following this announcement, the Jewish Queer Youth (JQY) organization released a statement, explaining that they will financially support to all clubs at Yeshiva University until the restrictions are lifted — effectively undermining the point the university was making by suspending all club activity.
Supreme Court Justice Alito disagreed with the majority’s decision on the case, writing, “It is our duty to stand up for the Constitution even when doing so is controversial.” The university is rightfully angered by the ruling, which violates their deeply held religious beliefs. The only path forward for the school is to work their way up through local and state courts once again, however Justice Alito doubts that “Yeshiva’s return to state court will be fruitful.”
