Signage on the campus of Yeshiva University in New York City, August 30, 2022 (Spencer Platt/Getty Images)

By Louis Keene December 15, 2022

When the U.S. Supreme Court in September rejected Yeshiva University’s emergency request for it to weigh in on a case involving an LGBTQ student club, the justices’ reasoning was straightforward: The school had not yet exhausted its avenues of appeal.

So the university returned to the lower courts and lost Thursday. A New York appeals court affirmed a judge’s June 14 ruling that the school, by refusing to officially recognize the YU Pride Alliance, was discriminating against gay students.

Four judges from the First Judicial Department of the New York Appellate Court wrote in a unanimous decision that Yeshiva, an Orthodox university based in New York City, does not meet the definition of a religious corporation, and so is not exempt from a city law that prohibits against discrimination. The court added that “we find no violation of Yeshiva’s free exercise of religion” in Judge Lynn Kotler’s order for the school to recognize the club.

Forwarding the News

Thoughtful, balanced reporting from the Forward and around the web, bringing you updated news and analysis each day.

Terms(Required)

I agree to the Forward's Terms of Service and Privacy Policy

Email(Required)

“It’s a very strong statement that the law was properly applied and the school was and is violating the law,” Katie Rosenfeld, a lawyer for the YU Pride Alliance, said in an interview.

The next level of appeals is the New York State Court of Appeals, which is the highest court of New York. If it loses that appeal, the school can then ask the U.S. Supreme Court again to hear its case.

The Forward is free to read, but it isn’t free to produce

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward.

Now more than ever, American Jews need independent news they can trust, with reporting driven by truth, not ideology. We serve you, not any ideological agenda.

At a time when other newsrooms are closing or cutting back, the Forward has removed its paywall and invested additional resources to report on the ground from Israel and around the U.S. on the impact of the war, rising antisemitism and polarized discourse.

Readers like you make it all possible. Support our work by becoming a Forward Member and connect with our journalism and your community.

This is a great time to support independent Jewish journalism you rely on. Make a gift today!

—  Rachel Fishman Feddersen, Publisher and CEO

Support our mission to tell the Jewish story fully and fairly.

$90 $180

$360

Other amount