In June 2022, Yeshiva University was prevented from discriminating against an LGBTQ+ student alliance when they refused to acknowledge them as an official student group. The New York Supreme Court had ruled that the school was not exempt from the New York Human Rights Law, which prohibited discrimination based on sexual orientation in New York City. Yeshiva University had argued that they were a religious organization, but the NYSC determined that they were an educational corporation and had filed for state grants as a not-for-profit institution of higher education – not a religious institution.

After the NYSC had made its ruling, Yeshiva University appealed to the United States Supreme Court in September 2022. SCOTUS determined that Yeshiva University could refuse to recognize the LGBTQ+ student group. Unfortunately, the decision did not explain itself further or determine whether Yeshiva University was, in fact, exempt from regulations outlawing discrimination. It simply said that the university did not have to recognize the group as an official group. Though, Yeshiva University has promised to figure out how to create a welcoming environment for their LGBTQ+ community in other ways.

Public vs. Private Institutions: Protecting LGBTQ+ Students

All universities that receive federal funding are subject to Title IX regulations. Title IX prevents these universities (and other students, faculty, and staff) from discriminating against students based on their gender. Thus, federally funded universities cannot discriminate against LGBTQ+ students, and if they do, they could lose their federal funding. Many private universities and religious colleges do apply for federal funding and, therefore, are still subject to Title IX legislation.

The only way to skirt around Title IX is to not receive federal funding or to apply for an exemption. Title IX exemptions are available for educational institutions controlled by religious organizations, but only if the application of Title IX is not consistent with their religious tenets. Universities rarely asked for such an exemption, but in 2010, when LGBTQ+ students were added to the protected classes group in Title IX, more and more religious schools applied for it.

How a Skilled Attorney-Advisors Can Help

Attorney Joseph D. Lento and the Lento Law Firm have helped students ensure their university does not infringe on their human rights. Attorney Lento understands how common it is for school administrations to try and push their own beliefs onto their students, creating uncomfortable environments. You have every right to express yourself freely, even on religious or private college campuses. So, whether your university has created a code of conduct that clearly discriminates against you or denies the legitimacy of your student organization, Attorney Lento can help. Call 888-535-3686 today or visit us online to schedule an appointment today.