North Syracuse Central School District v. New York State Division of Human Rights

Ciparick, J. (dissenting).

The Equal Protection Clause of the New York State Constitution explicitly prohibits both public and private discrimination (see NY Const, art I, § 11). Legislation implementing this provision states “[t]he opportunity to obtain education . . . without discrimination . . . is . . . recognized as and declared to be a civil right” (Executive Law § 291 [2]). Further, Executive Law § 296 (4) provides that

“[i]t shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be non-sectarian and exempt from…