Supreme Court Refuses To Block LGBTQ Student Group At Yeshiva University

In a rare loss for supporters of “religious freedom,” the Supreme Court declined – on a 5 to 4 vote – a request from Yeshiva University to block a lower court order that requires the New York university to recognize a “Pride Alliance” LGBTQ student club. Justice Sonia Sotomayor has jurisdiction over the lower court and last week temporarily hit pause on the order in order to provide the full court time to consider the case. https://twitter.com/Sarah_Boxer/status/1570164737660407808 From CNN:

In an unsigned order, the Supreme Court noted that the New York state courts had yet to issue a final order in the case, and that Yeshiva could return to the Supreme Court after the New York courts have acted.

“The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief,” the court said.

Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, dissented from the court’s order, noting that the lower courts could take “months to rule.”

The case in question regards a lawsuit filed by current and former students who wished to form an LGBTQ student group. The university denied the request on “religious grounds” describing the school as a “deeply religious Jewish university.” But the New York City Human Rights Law bars discrimination based on sexual orientation, although the law pointedly excludes certain religious corporations. But a lower court judge, Judge Lynn R. Kotler, focused on whether the university qualified as a religious corporation noting an amendment to the school’s charter in 1967 declaring the university an “educational corporation.” “Yeshiva’s organizing documents do not expressly indicate that Yeshiva has a religious purpose,” Judge Kotler said in her ruling. The university turned to the New York Court of Appeals which agreed to hear an appeal to the ruling this fall. However, the appellate court refused to put the trial court’s ruling on hold. And so, Yeshiva University attempted to leapfrog the appeals court and head directly to the Supreme Court. Many legal experts expect Yeshiva University to ultimately prevail, AFTER going through all of the appeals court processes. https://twitter.com/steve_vladeck/status/1570159999099326464