Yeshiva University (YU) risks losing public funding if it won’t officially recognize the LGBTQ club “YU Pride Alliance,” warned New York City Comptroller Brad Lander in a letter sent Monday to the school’s president, Rabbi Ari Berman.
We’ve covered the ongoing legal battle between the Orthodox Jewish university and the student Pride Alliance here:
The conflict heated up in June of last year, when the New York County Supreme Court (in New York, the trial court) ordered YU to recognize an official “Pride Alliance” student club, against its religious convictions.
Last December, the Appellate Division of the New York Supreme Court affirmed the trial court’s ruling. YU’s appeal from that decision to the state’s highest court, the Court of Appeals, is currently pending.
As we reported here, the University intends to take its appeal to the United States Supreme Court, if necessary.
Meanwhile, as YU wages one battle in the courts, it faces another one in the public arena: politicians are putting the school on notice that it can either approve the student club—or pay the price.
This week’s letter from City Comptroller Lander is the latest to come from an elected official urging the school to reconsider its position. Lander warns that his office is closely watching YU for refusing to officially recognize the LGBTQ club:
Your students are alleging that your current practices are discriminatory and in violation of the New York City’s Human Rights Law. I must urge your institution to change course and offer a secure environment for your LGBTQ+ students and staff to create a supportive space to rightfully express their full selves.
The Jewish school’s refusal to comply could come at a cost. The City Comptroller threatens severe financial consequences if YU won’t give its seal of approval to the Pride Alliance club:
All recipients of public funding from the City must attest that they are in compliance with City laws and statutes, including the New York City Human Rights Law. Our records show that Yeshiva University has received some $8.8 million in City funding since 2010. The University’s discriminatory actions may put future funding and associated services at risk.
According to The YU Commentator, Yeshiva University spokesperson Hanan Eisenman disputed Lander’s allegations: “We have already established a path forward which provides loving and supportive spaces for our LGBTQ students,” he said. “We kindly ask well-meaning politicians to please learn the facts before attacking our students’ Jewish education.”
Those politicians should also look at the record. Lander’s charge that YU has somehow failed to “offer a secure environment” and “create a supportive space” for LGBTQ students “to rightfully express their full selves” is at odds with the appellate court’s ruling last December. As we reported here, the court seized on YU’s embrace of the LGBTQ community—even amid the ongoing strife—to justify rejecting the school’s First Amendment arguments:
There is no violation of Yeshiva’s associational rights where plaintiff Pride Alliance members are already enrolled students, Yeshiva already engaged in many discussions with the Pride Alliance about sexual orientation and gender identity issues, Yeshiva continued to express the desire to foster diversity and inclusion in association with Pride Alliance members when denying official recognition, and Yeshiva even explained several actions it was undertaking to bring about “greater awareness and acceptance” and “create a space where students, faculty and Roshei Yeshiva to continue this conversation” about sexual orientation and gender identity. [emphasis added]
The political pressure on YU to “change course” has been mounting. In the months leading up to Lander’s warning to the school, several other elected state officials also sent letters urging the Jewish institution to recognize the Pride Alliance, The Commentator reports:
Last month, three state senators called on Berman to recognize the group and requested that the university submit an accounting of $230 million of state funding the institution received.YU never submitted an accounting of its use of the funding, the office of State Senator Brad Hoylman-Sigal, one of the senators who signed the letter, told The Commentator Tuesday. The senators had requested an accounting by Feb. 10, 30 days from the date of their letter.Six New York State congressional members sent a similar letter in September.
Notwithstanding the piling on by Lander and other politicians, according to the parties’ own agreement, YU isn’t obligated to officially recognize the Pride club until the appeals process plays out. This past September, they agreed to a stay of the trial court order that “will remain will remain in effect until all appeals, including appeals to the U.S. Supreme Court, are decided.”
That appeal would take YU to the High Court for the second time. In September of last year, the Court ruled on the school’s emergency request to block the state court’s order forcing it to recognize the club. It then sent the University back to state court to finish out its appeals.
And if and when the parties do finally return to the U.S. Supreme Court, the future looks bright for YU: Last summer, the four dissenting justices predicted success: They are “likely to vote to grant certiorari,” and “Yeshiva would likely win if its case came before us.”
CLICK HERE FOR FULL VERSION OF THIS STORY
