LGBTQ club should be recognized-New York Court
2022.12.16 00:07
LGBTQ club should be recognized-New York Court
By Ray Johnson
Budrigannews.com – Thursday, a court of appeals in New York ruled that Yeshiva University must officially recognize an LGBTQ student group, rejecting the Jewish institution’s claims that doing so would violate its religious rights and values.
The latest setback for the university in its fight to avoid recognizing the Y.U. Pride Alliance in a case that conservative U.S. Supreme Court justices have indicated an interest in reviewing was the decision made by the Appellate Division in Manhattan.
The court upheld a judge’s decision that the school did not meet the definition of a “religious corporation,” which would have protected it from New York City Human Rights Law prohibitions against discrimination by a place or provider of public accommodation.
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Discrimination based on sexual orientation, religion, race, gender, age, national origin, and other factors is prohibited by that law.
The consistent four-judge board likewise said expecting Yeshiva to perceive the club didn’t abuse its privileges under the U.S. Constitution’s Most memorable Revision to the free activity of religion, saying the law was “nonpartisan and by and large appropriate.”
The ruling confirmed that the school “cannot discriminate against its LGBTQ+ students by continuing its refusal to recognize the YU Pride Alliance,” according to Katie Rosenfeld, a lawyer for the Y.U. Pride Alliance.
In a statement, Yeshiva, a Manhattan-based Modern Orthodox Jewish university, said it would “continue on appeal to defend against the claim that we are not a religious institution.”
After the school temporarily halted all student club activities, the YU Pride Alliance agreed in September to hold off on enforcing Yeshiva’s recognition while the school pursued its appeals.
The New York judge’s June ruling requiring it to recognize the club was overturned by the U.S. Supreme Court in a 5-4 decision earlier that month.
Justice Samuel Alito, who stated that Yeshiva’s First Amendment rights appeared to have been violated and that the court would likely take the case up if Yeshiva lost its lower-court appeals, was one of four conservative justices who dissented.
