Because Yeshiva University (YU) has not yet exhausted the appeals process of lower courts, the Supreme Court recently declined to hear its challenge to a ruling by a New York State judge that the school must grant official status to an undergraduate club for homosexual students. Judge Lynn Kotler had determined that YU violated New York City’s human-rights law in refusing to recognize the group and is not entitled to a religious exemption because its articles of incorporation state that it is an educational, rather than religious, organization. Tal Fortgang comments:

At one level, Kotler’s analysis seems plainly right and reflects some poor decision-making on YU’s part. If only a “religious corporation,” one “created for religious purposes” under New York law, is exempt from anti-discrimination efforts, it is easy to see why Kotler reached the conclusion she did. “Religious corporation” appears to be a legal term of art that means a church, and YU is clearly not a house of worship (though it does at times function as one). When YU’s lawyers asked Kotler to take a “functional” approach to determine the university’s religious character, she had some good reasons to decline.

But to step back from the legal arguments for a moment is to clarify the clash of views that has come to a head in this case. . . . Her mistake arises in her understandable accession to New York law’s false choice between religious activity and education.

We can trace the false choice back to a more fundamental question: what is education? . . . To those who see education as a service, like providing insurance or fixing a sink, religion has no reason to enter the picture because particular views of the transcendent and good have nothing to do with what a university provides, which is ostensibly training to participate in the modern economy. (Taking that view seriously would counsel a host of changes to our model of higher education—about which much can and ought to be said.) But Jewish or not, institutions of higher learning are always in the business of suggesting that some pursuits are good and some are bad as defined by an implicit or explicit code.

Similar fault lines would emerge between Judge Kotler (and the Pride Alliance) and YU if posed a related question: what is religion? . . . Judge Kotler’s mistake, and the mistake of the plaintiffs and those who wish for YU to cave or to lose in this litigation, is forcing the false choice between education and religion. Plaintiffs think they are acting in accordance with New York City human-rights law’s mandate to be sweeping and progressive in eradicating discrimination, but actually they are sending the message that religious education is an unwelcome form of moral formation.

In his inauguration speech, Donald Trump put forth ambitious goals for his first days in office. An additional item that should be on the agenda of his administration, and also that of the 119th Congress, should be defunding, and ideally dismantling, UNRWA. The UN Relief and Works Organization for Palestine Refugees—to give its full name—is deeply enmeshed with Hamas in Gaza, has inculcated generations of young Palestinians with anti-Semitism, and exists primarily to perpetuate the Israel-Palestinian conflict. Robert Satloff explains what must be done.

[T]here is an inherent contradiction in support for UNRWA (given its anti-resettlement posture) and support for a two-state solution (or any negotiated resolution) to the Israel-Palestinian conflict. Providing relief to millions of Palestinians based on the argument that their legitimate, rightful home lies inside Israel is deeply counterproductive to the search for peace.

Last October, the Israeli parliament voted overwhelmingly to pass two laws that will come into effect January 30: a ban on UNRWA operations in Israeli sovereign territory and the severing of all Israeli ties with the agency. This includes cancellation of a post-1967 agreement that allowed UNRWA to operate freely in what was then newly occupied territory.

A more ambitious U.S. approach could score a win-win achievement that advances American interests in Middle East peace while saving millions of taxpayer dollars. Namely, Washington could take advantage of Israel’s new laws to create an alternative support mechanism that eases UNRWA out of Gaza. This would entail raising the stakes with other specialized UN agencies operating in the area. Instead of politely asking them if they can assume UNRWA’s job in Gaza, the Trump administration should put them on notice that continued U.S. funding of their own global operations is contingent on their taking over those tasks. Only such a dramatic step is likely to produce results.