Yeshiva University is finally recognizing an LGBTQ club on campus called Hareni, capping a years-long legal battle that rose to the United States Supreme Court. The university issued a joint statement alongside the LGBTQ club, which previously operated under the name YU Pride Alliance, announcing that both sides have reached an agreement.
"The parties have reached an agreement and the litigation is ending," the two sides noted in a joint statement posted on the university’s website. “Current students will be implementing a club, to be known as Hareni, that will seek to support LGBTQ students and their allies and will operate in accordance with the approved guidelines of Yeshiva University’s senior rabbis. The club will be run like other clubs on campus, all in the spirit of a collaborative and mutually supportive campus culture.”
One of the key issues that prolonged the legal battle was Yeshiva University's classification. The institution previously claimed that it was exempt from the city’s human rights law’s public accommodation provisions and that it had a First Amendment right to reject the club. However, ruling against the university, New York State Supreme Court Justice Lynn R. Kotler found that Yeshiva did not qualify for an exemption under the law because it is incorporated under the New York State Education Law, not the Religious Corporation Law.
State lawmakers, including openly gay State Senator Brad Hoylman-Sigal, intervened by sending letters emphasizing that Yeshiva University purported to be an “independent” and “non-sectarian” not-for-profit institution for funding purposes, but then presented itself as a “religious corporation” when seeking to ban the club.
New York City Comptroller Brad Lander also sent a letter urging Yeshiva University to recognize the YU Pride Alliance, warning of potential funding repercussions if they did not comply. In 2022, the university attempted to launch an LGBTQ club claiming it would be an “approved traditional Orthodox alternative.” Nevertheless, the YU Pride Alliance criticized this effort, labeling it a “desperate stunt” and a “sham.”
In a shift in strategy, Yeshiva University spokesperson confirmed to the New York Times that the newly recognized Hareni club is similar to the one that was proposed a couple of years ago but with more legitimacy.
Zak Sawyer, a spokesperson for the plaintiffs, commented to the Times that the latest settlement is a vast improvement. Sawyer stated, “This time, Hareni has secured written guarantees ensuring it has the same rights and privileges as other student clubs, including access to campus spaces, official student event calendars and the ability to use ‘L.G.B.T.Q.’ in its public materials — none of which existed under YU’s prior ‘initiative.'”
The recognition of Hareni is notable as it not only affirms the presence of LGBTQ students within the traditionally conservative environment of Yeshiva University but also represents a significant victory for student activists. The legal struggle encapsulated broader conversations regarding religious freedoms, LGBTQ rights, and the intricate balance that institutions must navigate.
Decisions made in courts regarding the rights of religious institutions to operate freely under First Amendment protections while also adhering to anti-discrimination laws have often ignited heated debates. In this case, the ruling showcased how Yeshiva University could not position itself as both a secular educational entity and a religious institution selectively based on convenience, particularly concerning equal rights for all students.
Yeshiva University now finds itself in a position to demonstrate its commitment to diversity and inclusion on campus, moving forward with Hareni’s establishment amidst evolving societal norms surrounding LGBTQ rights. As the yearslong battle comes to a close, the collaborative spirit apparent in the joint statement between the university and Hareni marks a significant progression in recognizing the rights of LGBTQ students.
This development not only reflects a changing tide at Yeshiva University but also within religious institutions within the United States at large. Similar battles for recognition and rights are playing out in various other contexts, indicating that the movement for LGBTQ acceptance is not confined to secular colleges and universities alone.
Ultimately, the decision to recognize Hareni could serve as a beacon for other institutions grappling with LGBTQ inclusivity, establishing a precedent that can encourage collaboration rather than conflict.
Hareni’s recognition culminates not merely in an operational club but also in the affirmation of identity for LGBTQ students at Yeshiva University, illustrating a gradual yet unmistakable shift towards inclusivity in spaces historically characterized by exclusion.
