Posted on 08/30/2022 10:36:26 AM PDT by Red Badger
The university has argued that it welcomes LGBTQ students but cannot endorse the club without abandoning their religious beliefs
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The oldest Jewish university in the U.S. has now appealed to the Supreme Court as the next step in a lengthy battle over whether the religious school has to recognize an LGBT club.
The legal battle began last year when a group of students and alumni of Yeshiva University took their university to court, demanding the school endorse an LGBTQ Pride Alliance club on campus.
The legal challengers argued the Jewish New York university, founded in 1886, is not a religious institution and should be forced to endorse the club. In June, the New York County Supreme Court sided with the students, ruling that the Jewish university did not qualify as a “religious institution,” pointing to organizational documents where the university calls itself an operation for “exclusively educational purposes.”
The university has argued this ruling could set precedent for religious schools around the country.
“Defense counsel’s arguments about the implications of this court’s ruling are overblown,” the June ruling said. “Every school with a religious affiliation or association is not necessarily affected by this court’s determination…”
Now, the university has appealed to the U.S. Supreme Court, emphasizing the religious nature of the school and thus why it should qualify for an exemption. Whether the high court will hear the case remains to be seen.
“All undergraduates are strongly encouraged to begin their Yeshiva experience with intensive religious studies in Israel, with over 80% doing so for university credit,” the school argued in their filing to the Supreme Court. “The male undergraduate students study Talmud with the Seminary students, as the University doesn’t ‘separate’ undergraduates and seminarians for religious instruction in the beit midrash or ‘study hall.’
“Yeshiva students living on campus also agree ‘to live in accordance with halachic [Jewish law] norms and Torah ideals,’ and Yeshiva complies fully with the laws of Shabbat and Kashrut and expects students in its undergraduate programs to do the same,” they add.
The university has argued that it welcomes LGBTQ students but cannot endorse the club without abandoning their religious beliefs.
“The Torah guides everything that we do at Yeshiva – from how we educate students to how we run our dining halls to how we organize our campus,” said Ari Berman, president of Yeshiva University. “We care deeply for and welcome all our students, including our LGBTQ students, and continue to be engaged in a productive dialogue with our Rabbis, faculty and students on how we apply our Torah values to create an inclusive campus environment. We only ask the government to allow us the freedom to apply the Torah in accordance with our values.”
Yeshiva’s legal team points out that it has banned anti-LGBTQ bullying and discrimination and “provides support services to its LGBTQ students.”
“When secular authorities try to tell Yeshiva University that it is not religious, you know something has gone terribly wrong,” said Eric Baxter, VP and senior counsel at Becket Fund, a legal group working on the case. “The First Amendment protects Yeshiva’s right to practice its faith. We are asking the Supreme Court to correct this obvious error.”
I doan believe it. Most of them are Jooz.
Were they afraid at the time of anti-Jewish sentiment? If so, they should reincorporate as a religious institution now that that sentiment has abated.
The right of free association requires disassociation. It will be interesting to see if the court rules this is also a right of institutions/businesses.
Most likely 99% of this group voted for this government. Elections have consequences for all.
That's an interesting line. On the flip side, we just had a football coach told that his post-game prayers are okay because they don't entangle the school into endorsing his personal religious activities.
Given that, I gotta wonder if SCOTUS might want to draw that thick line here as well: that the University's position has no bearing on the personal activities of the students ... or their extra-curricular clubs.
I'm frankly a bit surprised that there seems to be a clamoring for a woked club at this particular institution, but ... my take is that the university may lose this one.
It’s kind of tough to argue it isn’t a religious institution if it is named “Yeshiva University”.
Nope. Religious Jews vote overwhelmingly for the GOP. 84% for Trump in 2016, not sure about 2020. Non-religious "Jews" are the Commies, and most of them hate Orthodox Jews as much as any Nazi.
This is how they dismantle that pesky “freedom of religion” thing. Give special rights and privileges to groups most religions believe are against God’s will.
Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons.
This was from Obergefell v. Hodges. Does the gay group want that decision to be overturned?
I’m shocked! Jews that actually follow the Torah? Kind of.
That's been there intention all along, since agitating for "gay rights" and "gay marriage" under the Clinton Administration. It's always ALWAYS been about them thinking they can destroy/replace Almighty God.
The joke's on them: they can't. They'll find out on judgement day.
A club is a student organization and student government is subordinate to the administration which has the right to disapprove any action it takes. So, what is the basis for the suit?
Orthodox Jews don't approve of abortion or men having sex with men. That group of Jews vote Republican.
Stolen elections do have consequences.
The administration doesn’t want a LGBT club because although they admit gay students, they feel forcing them to have a club violates their values. I’d tend to agree, it’s a clearly normalizing what is considered aberrant behavior. Which is tolerated in an individual, but neither endorsed or encouraged. The LGBT plaintiffs disagree and demand a club.
Interesting comments from a website that is intended for religious Jews.
https://www.theyeshivaworld.com/coffeeroom/topic/the-infamous-club-at-yu-gone
Orthodox Jews. Do not assume they are libs.
You don't know that. Orthodox and observant Jews are only around 10% of Jews, but they are overwhelmingly conservative. There was a Jews for Trump group in 2015-17.
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