https://www.wsj.com/articles/were-all-jews-now-supreme-court-free-exercise-yeshiva-university-lgbtq-student-club-judaism-pride-emergency-petition-11663016097?mod=opinion_featst_pos1
In mid-1960s Brooklyn, my dad was stopped at a traffic light when my brothers and I noticed a group of odd-looking men on the street corner, all with long beards, dark coats and hats. “Who are they?” we asked, pointing.
My father said something along the lines of “they are like us.” We didn’t have the slightest idea what he was talking about. What he meant was that their strong religious beliefs made them look strange to society—and as Catholics we did too, even if our views weren’t manifested in our clothing.
More than 60 years later, these words come back to me as Yeshiva University was granted an 11th-hour reprieve Friday by the Supreme Count. The school had filed an emergency petition with Justice Sonia Sotomayor on Sept. 2, hoping to stay a Manhattan judge’s order that the university grant official recognition to the Yeshiva University Pride Alliance in accord with New York City’s Human Rights Law. The school had decided an official LGBTQ student club wouldn’t be consistent with Torah values at the heart of its identity.
Yeshiva University isn’t just any Jewish school. It is the flagship institution of Modern Orthodoxy, committed to the idea that Jews can be at once fully Orthodox and fully engaged with the world. Arguably it is the sweet spot between Haredi Judaism, which tends to keep the outside world at bay, and Reform Judaism, whose embrace of modernity can over time erode Jewish distinctiveness.
New York says Yeshiva doesn’t qualify for a religious exemption. The argument seems to be that because it is incorporated as an educational institution—its motto is Torah Umadda, roughly, Torah plus secular knowledge—it can’t claim to be a religious institution and therefore has no right to an exemption.