mmirate t1_j22fciu wrote
Reply to comment by TurretLauncher in Student group with anti-LGBT positions alleges religious discrimination at UNH Law School | New Hampshire Public Radio by smartest_kobold
tl;dr the courts have been consistently giving freedom of association a big fat middle finger.
TurretLauncher t1_j22fx8y wrote
On the contrary, they are protecting freedom of association, as these schools clearly do not wish to be associated with groups advocating bigotry.
Such groups remain free to self-organize off campus.
mmirate t1_j22g73g wrote
UC Hastings and UNH are both public universities (i.e. part of the gov't) and therefore do not enjoy their own freedom of association.
TurretLauncher t1_j22j5vd wrote
Have these groups formally accepted the school's policies regarding diversity, equity and inclusion? If not, the school can legally refuse to be associated with the group, as they are in violation of the school's regulations.
Same goes for K-12 schools. Students can't force their school to accept a neo-Nazi club. But students remain free to self-organize such a club off campus.
mmirate t1_j22myf5 wrote
If this were true, then certainly a private university (which does have First Amendment rights like any private citizen and unlike the gov't itself) could have policies and regulations regarding the religion that it is the university's purpose to teach, and it could legally refuse to be associated with a group that violates them. Bizarrely, courts have recently found to the contrary.
TurretLauncher t1_j22qzgg wrote
In the case you refer to, the school itself failed to avail itself of the opportunity to register itself as a "religious corporation," which would exempt it from prohibitions against discrimination by a place or provider of public accommodation under the New York City Human Rights Law:
> Yeshiva does not meet the definition of “religious corporation incorporated under the education law or the religious corporation law,” which would exempt it from the prohibitions against discrimination in public accommodations as an organization “deemed to be. . .distinctly private”
Moreover,
> Yeshiva already recognizes LGBTQ+ student organizations at three of its graduate schools, which are legally part of Yeshiva’s corporation, has done so for over 25 years, and made clear as early as 1995 that this recognition did not mean Yeshiva endorsed or accepted the views of those student groups.
Hence,
> Yeshiva University must formally recognize an LGBTQ student group, rejecting the Jewish school's claims that doing so would violate its religious rights and values.
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