Posted by Lynn Kotler, a judge in the New York Supreme Court First Judicial District, ruled that under state law, Yeshiva University was considered an “educational corporation,” not a religious one, and must comply with the New York City Human Rights Law.
The ruling came after a group of students who attempted to organize a gay and transgender student club, the Yeshiva University Pride Alliance, sued the university after their attempt to gain recognition was denied.
NEW YORK PRIVATE SCHOOL REGULATIONS THREATEN RELIGIOUS FREEDOM: JEWISH GROUPS
In her ruling, Kotler wrote that the university violated the city’s human rights law because, according to the university’s own charter, the university’s purpose is to be an educational institution, not a religious one.
“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. “Thus, religion is necessarily secondary to education at Yeshiva.”
Kotler ruled that the university must “immediately grant plaintiff YU Pride Alliance the full equal accommodations, advantages, facilities, and privileges afforded to all other student groups at Yeshiva University.”
In a statement to the campus student newspaper, the Commentator, the university blasted the judge’s decision for “[violating] the religious liberty upon which this country was founded” and said the ruling would have broader ramifications for numerous other institutions maintained by religious groups.
“The decision permits courts to interfere in the internal affairs of religious schools, hospitals, and other charitable organizations,” the university said. “Any ruling that Yeshiva is not religious is obviously wrong. As our name indicates, Yeshiva University was founded to instill Torah values in its students while providing a stellar education, allowing them to live with religious conviction as noble citizens and committed Jews. While we love and care for our students, who are all – each and every one – created in God’s image, we firmly disagree with today’s ruling and will immediately appeal the decision.”
The ruling comes as the New York Department of Education has come under substantial criticism for a proposed regulation that would tighten state oversight of private schools. The proposal is largely seen as a targeted effort against the Orthodox Jewish yeshiva schools in New York City after a group of people who were raised in the community said the schools did not provide them with adequate instruction.
Members of the Orthodox Jewish community say the regulations would violate their First Amendment protections to the free exercise of religion.