Yeshiva Changes Housing Policy
Scope of Ruling Still Undecided

by Zack Streit

In an unexpected decision that sent shockwaves throughout the undergraduate campuses, Yeshiva’s upper-echelon unilaterally changed Albert Einstein College of Medicine’s long-time housing policy, which had prevented unmarried couples from cohabiting.  The move comes as a result of a 1998 lawsuit filed by two lesbian students, claiming that university housing protocol discriminated illegally in denying housing to homosexual couples.   

Prior to the July policy revision, couples could reside in medical school housing as long as one of the spouses was an enrolled student.  The new policy now stipulates, however, that a student may live there with any non-student “with whom the student maintains a genuine, close and interdependent relationship that is or is intended to be long term.” This clause, according to Yeshiva lawyer Mark A. Jacoby, includes not only a non-student domestic partner, but even “your mother.”

“By making this change, we are not agreeing that homosexual unions are considered marriage, nor do we condone such a lifestyle,” said Yeshiva President Rabbi Dr. Norman Lamm.  “But we had to come to a settlement, because our policy was a losing proposition in the state of New York.”   

A number of Yeshiva faculty and administrators, however, were outraged at the policy change, which they saw as validating homosexuality. “By doing this without consulting any of the RIETS rabbeim or undergraduate administrators, Yeshiva is tacitly giving its stamp of approval to homosexual unions,” exclaimed a disgruntled administrator.  “I don’t think it was right of them to do this at all and especially not without consulting with us first.”

“There is no question in my mind that yeshiva should have fought the symbolic battle,” a dissatisfied faculty member stated.  “We have a responsibility to stand up for what we believe in, and we are doing exactly the opposite here.”

There is also some speculation as to whether Yeshiva would really have lost the case, which had been dismissed by two New York courts only to be reinstated by the state’s Court of Appeals at the behest of Attorney General Elliot Spitzer, who believes that the policy had a “disparate impact” on same-sex couples.    

According to Yeshiva lawyer Mark Jacoby, the plaintiffs would have had to establish disparate impact, and the university could have asserted a number of defenses.  “Yeshiva did not change its policy because it was expecting to lose, but rather because it didn’t want to go forward with an expensive, time-consuming case that would only divert attention from its medical students.  This had nothing to do with a fear of losing or generating negative PR,” he claimed.  

Despite Jacoby’s assertion, numerous Yeshiva officials felt – similarly to Rabbi Lamm – that yeshiva would have lost the case had it gone to trial.  “Because the appellate court was unanimous in reinstating the case against us, it is quite likely that a trial would have produced similar results,” one official said.  “If you think that PR over the past four years was a nightmare, just imagine what would have happened if the federal court judge would have pronounced a guilty plea.”

Beyond the legalities though, undergraduate students and administrators have been wondering about whether the decision impacts them.  “We have yet to encounter any similar requests thus far,” remarked Peter Ferrara, Yeshiva’s Director of Communications and Public Affairs.  “But if the issue arises anywhere else then we will deal with it in a fair and lawful manner.”

One high-level administrator revealed that although nothing official has yet to be submitted, gay students at the Benjamin N. Cardozo School of Law are preparing to present similar requests.  The same administrator also mentioned that he expects similar housing requests to crop up on other campuses in the near future.   

Although Yeshiva officials did not speculate on the legal issues germane to the undergraduate campuses, it appears as though the gay couples could not live in undergraduate dormitories, as they are not open to couples.  However, off-campus housing seems to be a trickier issue, and while Yeshiva’s counsel would not comment on the matter, most administrators found the subject perplexing.  “I really don’t know how RIETS is going to deal with this issue if it arises,” an administrator observed. 

Rabbi Lamm, however issued a more definitive response “This ruling will not affect the  students on the Wilf campus in the least bit,” maintained the University president.  “I can unequivocally tell you that this is not going to happen here.”

Still other administrators are less certain.  “I don’t think it’s a matter of if it happens here; I think it’s a matter of when.  Homosexuality is something that is going to come up on this campus whether we like it or not,” he predicted.  

Rabbi Lamm later noted, however, that “if it does happen here we will take the proper course of action.  We have ways of dealing with this issue that are both legal and moral,” he declared. When asked to elaborate though, the President declined to delve into specifics.

Student sentiment has been mixed on the matter.  “Though I don’t think I would care if gay students were walking around campus, I would probably feel pretty uneasy if they were living down the hall from me,” said Yeshiva College senior Ilan Schwed.

Others were not so easy going though.  “I worry about the ramifications of this decision on undergraduate life,” proclaimed Executive Council President Shai Barnea.  “I can envision this causing a major controversy on our campus, and I hope that the university addresses the matter before it becomes a problem.”