Religious school pushes to uphold right to keep LGBTQ group off campus
Most of the religiously discriminatory spotlight of late has been on Christians trying to turn the United States into a theocracy. This should not be confused with the fact that they are the only ones fighting for the right to freedom from discrimination as a religion; Yeshiva University also stands for religious freedom – and they are ready to go to court about it.
I’m surprised things went this far to begin with. Although I’m not a fan of their wishes, Yeshiva is a private religious institution and it’s generally the case that these groups can discriminate on religious grounds as long as they don’t take money from the state or something of the kind. If that happens in the Supreme Court, the school probably won’t be required to recognize the club.
The request comes as the court’s conservative majority ruled in favor of religious conservatives in two cases last season. Additionally, in 2021, the court sided with a Catholic foster care agency that refused to consider same-sex couples as potential adoptive parents.
My only real concern is that a court decision might introduce some prefiguration into its justification by pointing to Oberefell and Brown in Dobbs. The silver lining is that students interested in forming the group will likely be able to find a space more conducive to their right to assemble. This is New York, after all.
EDITORIAL UPDATE 8/31/2022 1:07 PM: There’s a bit more nuance to the story than how I’ve presented it here. Although Yeshiva University describes itself as “the world’s premier Jewish institution of higher learning”, it is technically, as the lower court found, a secular institution. This places Yeshiva in a strange liminal space where they apply religious values in a secular context, making the legal consequences of their actions more obscure in a post-war context.Bremerton America.
Yeshiva University asks Supreme Court to let it block LGBTQ student club [CNN]
Chris Williams became social media manager and associate editor for Above the Law in June 2021. Prior to joining the team, he moonlighted as an underage Memelord™ in the Law School Memes for Edgy Facebook group T14s. He endured Missouri long enough to graduate from Washington University at St. Louis School of Law. He’s a former boatbuilder who can’t swim, a published author on critical racing theory, philosophy, and humor, and has a love for cycling that sometimes annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.