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| | 1 No. 76: Sara Levin, et al. v. Yeshiva University et al. (Site not responding. Last check: 2007-11-07) |
 | | First, a university's housing policy could not be facially discriminatory on the basis of sexual orientation if the criterion used to determine whether housing was awarded operated to exclude both heterosexual and homosexual students while, at the same time, conferred housing to a distinct group, also comprised of both homosexual and heterosexual students. |
 | | Noting that plaintiffs were offered and accepted university housing, the trial court further held that a cause of action under a disparate impact theory did not lie because plaintiffs' ability to obtain housing was not adversely affected insofar as they were given housing as individuals. |
 | | 2 The complaint alleges, at paragraph 9, that university- owned housing is restricted to "Yeshiva students, their spouses and children." Presumably, a single parent, regardless of sexual orientation, would be eligible to reside in university-owned housing with his or her child. |
| www.law.cornell.edu /nyctap/I01_0089.htm (4989 words) |
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