Updated: Oct 24, 2022
The First Amendment of our Constitution guarantees us the right of Freedom of Religion.
This country is based on Freedom of Religion. A right that no one, not even the government can deny us.
What happens when our Right of Freedom of Religion and our Right for protection from discrimination for our gay community are in conflict.
Such a case was in the New York County Supreme Court. A group of students at a religious school, Yeshiva University, wanted to deny a group of LGBTQ+ students from forming a Pride alliance club. As a religious institution, the government must protect its rights whether they agree with them or not.
The group of gay students should expect that in the USA they would enjoy full and equal rights under the New York City Human Rights Law.
Here we are presented with a scenario where the state is under a legal obligation to protect conflicting rights of its residents.
New York County Supreme Court Judge Lynn Kotler ruled on June 14 that because the university is chartered as a nonreligious organization, it must be in compliance with the New York City Human Rights Law. The Judge's opinion was that Yeshiva University was not entitled to the protection of the first amendment.
The university and its President, Ari Berman, to be "permanently restrained from continuing their refusal to officially recognize the YU Pride Alliance as a student organization because of the members’ sexual orientation or gender and/or YU Pride Alliance’s status, mission, and/or activities on behalf of LGBTQ students."
Yeshiva University went to the US Supreme Court to get a stay from the Judge' order while this case was Being debated in the Courts. The stay was denied, and the case went back to the New York courts.
"I doubt that Yeshiva’s return to state court will be fruitful, and I see no reason why we should not grant a stay at this time. It is our duty to stand up for the Constitution even when doing so is controversial," Alito wrote.
Whatever the final outcome will be, people will be upset and very controversal.