One of New York City 's oldest Orthodox Jewish universities is at risk of losing public funding if they don't recognize an LGBT club, according to a letter sent to school officials this week by the city's Comptroller Brad Lander.
The request stems from a New York County Supreme Court order last summer telling Yeshiva University it could not deny the existence of a group known as YU Pride Alliance because it did not qualify as a "religious corporation." Established in 1886, the school has continued its legal fight, arguing the court's order would violate their First Amendment protections to the free exercise of religion.
YESHIVA UNIVERSITY PUSHES LGBT CLUB DISPUTE TO NEW YORK'S HIGHEST COURT
Lander sent the letter on Monday to YU President Ari Berman, saying, "I must urge your institution to change course and offer a secure environment for your LGBTQ+ students and staff to create a supportive space to rightfully express their full selves."
The letter added that YU must follow municipal laws, including human rights protections, alleging the school has refused to comply and that further persistence will result in a loss of public funds.
YU has received as much as $8.8 million in city funding since 2010, according to Lander's letter.
“The University’s discriminatory actions may put future funding and associated services at risk,” Lander wrote. “I have confidence in your ability to make the right decision and welcome everyone in Yeshiva University including the LGBTQ+ members of your institution.”
In response to the letter, school officials remained steadfast against "these false allegations."
"We have already established a path forward which provides loving and supportive spaces for our LGBTQ students. We kindly ask well-meaning politicians to please learn the facts before attacking our students’ Jewish education," YU officials added in their statement.
The school officials were referencing its own establishment of a "Torah-based" LGBT club on campus called Kol Yisrael Areivim, which was an attempt to serve as a compromise for LGBT students on campus. YU previously temporarily suspended all club activities on campus due to the litigation.
Additionally, the university has announced more on-campus support for its LGBT students. However, members of YU Pride Alliance are not satisfied with the apparent accommodations.
“This is a desperate stunt by Yeshiva University to distract from the growing calls from its donors, alumni, faculty, policymakers, and the business community, who have stood alongside the YU Pride Alliance, as we continue to fight for our rights,” the YU Pride Alliance said .
Last month, three state senators called on the YU president to recognize YU Pride Alliance and requested the university to submit an accounting of $230 million of state funding the university has received.
State Sen. Brad Hoylman-Sigal (D), one of the lawmakers who signed the letter, said YU never responded to their request, which asked for a response by Feb. 10, 30 days after the date of their letter, according to the Commentator.
Despite piling pressure on YU, the university is not required to recognize the club until the appeals process has been completed. YU agreed to a stay of the trial court order in September that will remain in effect until all avenues for appeal are exhausted.
Another appeal by YU would take the case to the Supreme Court for the second time. The high court agreed to the school's emergency request to block the state court order forcing recognition of the club and sent the case back to state court to finish the appeals process.
Last summer, three other justices concurred with Justice Samuel Alito's dissent that YU "would likely win if its case came before us."