The New York State Supreme Court handed down a ruling compelling Yeshiva University, a Jewish institution of higher education, to recognize the school's YU Pride Alliance as an official student group. The LGBTQ+ student alliance sought the court's decision after Yeshiva argued that, as a religious organization, the institution is exempt from the New York Human Rights Law (NYHRL) prohibiting discrimination based on sexual orientation in New York City, where the school is located.

Court Ruling

New York Supreme Court Judge Lynn R. Kotler ruled that Yeshiva's organizing documents define the university as an "educational corporation," not a religious institution. Moreover, Yeshiva seeks state grants as a "not-for-profit institution of higher education," court documents prove.

"The record shows that the purpose students attend Yeshiva is to obtain an education, not for religious worship or some other function which is religious at its core," Kotler wrote in her 18-page opinion. "Thus, religion is necessarily secondary to education at Yeshiva."

Consequentially, the Jewish school is governed entirely by New York State law and must provide the YU Pride Alliance with "the full and equal accommodations, advantages, facilities and privileges" that all student groups are afforded. InsideHigherEd reports that Yeshiva has vowed to appeal the ruling and may even fulfill its charge to change the school's charter.

Public vs Private Institution Funding

The state court's ruling provides an example denoting the difference between public universities and private colleges' handling the preservation of individual rights. For instance, if Yeshiva's founding documents expressed its religious mission primary to education, the case would have been handled differently.

As an institution that receives funding through state and federal grants, Yeshiva held to standards in its admissions practices. Even private schools cannot take the law into their own hands.

Protections for Gender-Nonconforming Students

Federal Title IX legislation prevents sex discrimination in any education program or activity receiving federal funding, pushing to protect transgender and gender-nonconforming students. Some private institutions relying solely on non-governmental funding aren't required to admit students, hire teachers, or employ staff members that don't meet certain "teachings" or morality requirements, including religious-based institutions.

States may enforce their own protections for college admissions, however. For example, the NYHRL prohibits discrimination in "public accommodation."

Religious private schools may fashion codes of conduct irrespective of federal or state gender discrimination guidelines, but only if they are legally defined as a religious organization, which Yeshiva wasn't. Unfortunately, private institutions sometimes use legal rhetoric to mistreat students.

How Can a Student Defense Attorney Defend Your Rights On Campus?

In the unstable world of college life, you need an expert in student defense to ensure that your school doesn't infringe upon your individual rights. As codes of conduct are rewritten from fluctuations in federal laws and court rulings, only a savvy student defense attorney will be able to deliver a positive outcome.

Joseph D. Lento is an attorney-advisor who is no stranger to how school administrations can create an unwelcoming culture on campus and seek to prohibit the creation of student groups. He and his dedicated team at the Lento Law Firm understand how important a student's free expression is and how their rights may be violated on college and university campuses.

If you or a loved one feels discriminated against in their school, call the Lento Law Firm today at 888-535-3686 or visit the confidential online consultation form.