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 Charges University Housing Bias New York Supreme Court Hears the Arguments by ACLU First Gay Case in 5 Years Heard by the State's High Court |
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Compiled by GayToday
New York, New York--The first lawsuit in the nation challenging anti-gay policies in
university housing goes before New York state's highest court today, as the
Court of Appeals in Albany hears arguments in the American Civil Liberties
Union's lawsuit against Yeshiva University.
Like many universities nationwide, Yeshiva University offers subsidized housing for graduate students and their spouses. Also like many universities, Yeshiva requires that students be married to have access to this housing, thus excluding lesbian and gay couples--who pay hundreds of dollars a month in extra rent and commuting costs to live off-campus. "Under policies like Yeshiva's, 100 percent of straight couples have access to this housing, but zero percent of gay couples do," said Matt Coles, Director of the ACLU Lesbian & Gay Rights Project. "Under any reasonable definition, that's discrimination." The ACLU alleges that Yeshiva's housing policy violates New York City law barring discrimination based on sexual orientation, as well as state law prohibiting marital status discrimination. Since Yeshiva is not a religious institution (with the exception of certain programs), attorneys for the university have not made any claims that the anti-gay housing policy has anything to do with religion. The lawsuit was initially filed in 1998 against Yeshiva University and its Albert Einstein College of Medicine on behalf of two lesbian students and their partners, as well as the lesbian, gay, bisexual and transgendered student group at the medical school. Two lower state courts ruled against the ACLU, finding that Yeshiva's policy "had the same impact on non-married heterosexual students as it had on non-married homosexual students." But those courts did not address the fact that same-sex couples cannot marry in New York or any other state. "This case is not about securing marriage for same-sex couples or creating new laws - it's about enforcing laws that prohibit discrimination against those who can't get married," said James Esseks, a partner at the New York law firm Vladeck, Waldman, Elias & Engelhard, who is volunteering with the ACLU on the case. Today's arguments before the seven judges of the Court of Appeals will focus on whether Yeshiva's policy has a "disparate impact," or causes a particular hardship, on lesbian and gay people. New York City's civil rights law -- like many around the country -- prohibits policies that have the effect of discriminating against protected groups, as well as those that single groups out by name.
ACLU campus groups and LGBT student groups are actively working to change policies at UC Berkeley, University of Texas in Austin, University of Kansas in Lawrence, Iowa State University in Ames, Ohio University, University of Kentucky in Lexington and elsewhere. "These policies aren't just a political issue. They have a very real impact on the lives of lesbian and gay grad students," Coles said. "Since this housing is partially subsidized, students who don't have access to it and have to move off-campus end up paying much more in rent and commuting costs. Our clients at Yeshiva pay about $500 every month more than they would in campus housing -- simply because they're gay. " Among Major U.S. universities with similar anti-gay housing policies: Colorado State University; Eastern Michigan University; Georgia Tech; Indiana University at Bloomington; Iowa State University; Ohio University; Pepperdine University; University of Kentucky; University of Florida in Gainesville; University of Kansas in Lawrence; University of Portland; University of Texas in Austin; UC Berkeley; and UCLA. Those with fair housing policies include: Princeton University; Harvard University; Yale University; California Institute of Technology; M.I.T.; Stanford University; Arizona State University; Columbia University; Cornell University; University of Chicago; Northwestern University; Emory University; Vanderbilt University; New York University; University of Wisconsin, Madison; Lehigh University; University of California, Davis; University of Illinois, Urbana Champaign; and University of Tennessee Knoxville. |
