Firm Represents Yeshiva University Students in Lawsuit Over Discriminatory Refusal to Recognize LGBTQ Student Group
- April 27, 2021
ECBAWM filed a lawsuit today on behalf of the YU Pride Alliance, Yeshiva University’s unofficial organization for LGBTQ students and their allies, and current and former YU students, to vindicate their right to form an undergraduate LGBTQ student club on YU’s campus. Yeshiva University has, for years, illegally refused to recognize the club, in violation of the New York City Human Rights Law.
The YU Pride Alliance and John Doe, a current YU student, are seeking a preliminary injunction requiring YU to permit the club to form in time for the Fall 2021 semester. YU currently recognizes more than 100 student clubs.
The students negotiated for years to convince YU administrators to approve an LGBTQ club and to follow the law. They informed university administrators repeatedly of the sometimes hostile and frightening experience of being YU LGBTQ students, the need for an LGBTQ student club to support them, and the risks of not having the club. The administration’s refusal to recognize the club communicated to all students that there was something wrong with being LGBTQ and that their existence within a Jewish community as publicly-identifying members of the LGBTQ community was unwelcome.
“There was an urgent need for a student organization dedicated to creating a safe space for LGBTQ students and their allies at YU,” stated Plaintiff Tai Miller, a Yeshiva University class of 2020 graduate and current Harvard Medical School student. “The administration’s persistent rejection of the LGBTQ club made me feel ostracized and unwanted by both my undergraduate community and, more broadly, from my faith community.”
Yeshiva University has known for decades of their legal responsibility to recognize an LGBTQ student club. In 1995, YU received advice from a preeminent New York law firm that there was “no credible legal argument” to ban such a student group. As YU acknowledged, as a nonsectarian institution, it “is subject to the human rights ordinance of the City of New York . . . Under this law, YU cannot ban gay student clubs.”
Without a university-recognized club, the LGBTQ students lack a place on campus where they have a sense of belonging and discuss their experiences as LGBTQ Jewish students.
LGBTQ students also cannot use campus facilities for meetings, receive funding for its activities, advertising for events in student email blasts and bulletin boards, and participate in club fairs for incoming students.