Religious Liberty and Anti-Discrimination: YU Pride Alliance v. Yeshiva University

In 2020, at Yeshiva University, a group of students wanted approval for a "Pride Alliance"' club on the undergraduate campus. Yeshiva University is America's oldest Jewish Institution of higher education. At Yeshiva University, students spend multiple hours studying Torah, learning Hebrew, and taking Jewish studies courses. Yeshiva's strong religious commitments are upheld on campus following Torah values. Yeshiva denied the "Pride Alliance" club's request to be officially recognized as a student group, arguing that it would be inconsistent with religious beliefs. Yeshiva University, despite rejecting this club's request, does welcome LGBTQ+ students and bans LGBTQ+ bullying and discrimination. The students, unhappy with the decision, sued and requested Yeshiva University endorse the group.

        Yeshiva argued that, as a religious institution, it has a constitutional right to uphold its religious principles, including making decisions about which student organizations align with its mission. While the two parties reached an agreement before reaching the Supreme Court, I want to consider the case on its merits as if it had gone to the Supreme Court. 

The key constitutional issue is whether the Free Exercise Clause protects Yeshiva University's right to refuse recognition of a student group. In this case, it is important to consider New York's Civil Human Rights Law (NYCHRL), which protects against discrimination. The New York County Supreme Court ruled that Yeshiva is an "educational corporation," not a "religious corporation," meaning that it would not be exempt from NYCHRL. Yeshiva University challenged this ruling, arguing that they are a religious institution and defends its right to conduct internal affairs, such as deciding what clubs serve its religious mission. 

Critics of Yeshiva's position argue that the university more closely resembles religiously affiliated universities like Fordham or Notre Dame rather than Christian seminaries, which are typically exempt from anti-discrimination laws (Stack). The New York County Court also argued that the university offers too many secular degrees, making it ineligible for narrowly religious organizations' exemptions. Yeshiva argues that the Court's ruling presents an unprecedented intrusion into its religious autonomy by suggesting government overreach to compel them to act against their beliefs. 

This case presents a challenge. While the Free Exercise Clause protects individuals and religious institutions from government interference in religious practice, it remains unclear whether Yeshiva University qualifies as a religious institution under relevant civil rights laws. It's helpful to consider the ruling in Employment Division v. Smith, where the Court held that neutral, generally applicable laws do not violate the Free Exercise Clause of the First Amendment, even if they incidentally burden religious practices. If applied to the Yeshiva case, then Smith would suggest that if the New York Civil Human Rights Law is both neutral and generally applicable, Yeshiva may not be allowed a religious exemption. However, whether Yeshiva should be legally classified as a religious corporation or an educational corporation complicates this issue. If Yeshiva were treated as a religious corporation, it may qualify for religious exemption under state and federal law, but the New York County Supreme Court ruled that Yeshiva is an educational corporation. 

I would argue that while the law may appear facially neutral, applying it in this context undermines the religious integrity of Yeshiva University. For over 135 years, Yeshiva has had a long history and tradition of following its Orthodox Religious beliefs. Forcing Yeshiva to officially recognize a student club that promotes values incompatible with Torah teaching compels it to act against its sincerely held religious beliefs. In this sense, what may seem neutral at face value, in practice, becomes an act of coercion pressuring religious universities to conform to state laws. 

While Smith set a precedent that generally applicable laws do not require religious exemptions, more recent rulings like Our Lady of Guadalupe have reaffirmed strong constitutional protection for religious schools. In Our Lady of Guadalupe School v. Morrissey-Berru (2020), the Court emphasized the "ministerial exception," which protects religious schools from government interference in employment decisions central to their religious identity. While the Yeshiva case involves student clubs instead of employment, the underlying principle is that religious schools are free to make decisions that reflect their faith commitments. Forcing Yeshiva to recognize a club that contradicts its Torah base values would violate that same autonomy. 

Given Yeshiva's long-standing religious tradition and the distinct role religion plays, the university should be provided with religious exemptions. While I see both sides of this debate, I believe Yeshiva University should be legally recognized as a religious institution and granted the exemptions necessary to preserve its religious mission. To protect religious freedom, it is important that all religious schools can carry out their beliefs without being compelled by the government to act in a way that violates their religious convictions.

Sources: https://becketfund.org/case/yu-pride-alliance-v-yeshiva-university/

https://www.lgbtqnation.com/2025/03/after-years-of-refusal-jewish-university-finally-allows-new-lgbtq-club-on-campus/

https://www.nytimes.com/2025/03/20/nyregion/yeshiva-university-lgbtq-club.html?unlocked_article_code=1.D08._STm.QQ2ae03L7sSe&smid=url-share