Supreme Court refuses to block a state court order that requires New York Yeshiva University Will Officially Recognize an LGBTQ Student Group,
Chief Justice John Roberts and Justice Brett Kavanaugh joined three liberal judges on Wednesday in a 5-4 decision that lifted a temporary stay on a state court order and denied the university an emergency request for relief. .
The majority wrote that the Orthodox Jewish university needed to pursue all options available to the first state courts.
The judges said, “Applicants seek emergency relief from a non-final order from Yeshiva University and its president New York trial court that required the university to treat LGBTQ student groups in the same manner as other student groups in its student club accreditation process.” it occurs.”
“The application has been rejected as it appears that the applicants have at least two more avenues for speedy or interim state court relief,” he said.
Yeshiva had brought the matter to SCOTUS, saying that officials had exhausted all options to identify the group while the case is heard in higher state courts, with student clubs resuming this fall. For.
Last week, Justice Sonia Sotomayor, who oversees the New York cases, Temporarily stayed the order of the state court – Indicating that the court will have more to say on the matter to come.
Most judges on Wednesday said Yeshiva would first have to ask New York courts to expedite the consideration of his appeal, which they say the university had not done before taking the matter to SCOTUS.
Yeshiva can also file for leave to appeal for adjournment in the highest state court, he wrote.
If both options are denied by the state, university officials can return to the Supreme Court.
Justice Samuel Alito – joined by Justices Clarence Thomas, Neil Gorsuch and Amy Connie Barrett – disagreed on grounds of religious freedom.
“The First Amendment guarantees the right to the free exercise of religion, and if that provision is any means, it prohibits a state from applying its preferred interpretation of Scripture,” read the dissent. “Yet that’s exactly what New York did in this case.”
“The result is almost certain that Yeshiva is forced to instruct his students for at least some time (and probably for a long time) in what he considers to be a misinterpretation of the Torah and Jewish law.” Yes,” wrote the judge.
He said Yeshiva would have a “winning chance” if the matter came up before the Supreme Court again.
Eric Baxter, representing the university, said officials would “follow the directions of the court.”
“Today the Supreme Court directed Yeshiva University to make an additional effort to provide emergency relief to the courts of New York and clarified that if that protection is not granted, they may return to the Supreme Court for its protection again. are,” said. Baxter, Vice President and Senior Counsel of The Beckett Fund.
Four current and former students Lawsuit filed in Manhattan Supreme Court After last April the college declined several requests to officially register the group as a student club.
The plaintiffs argued that not allowing such a group to be recognized with more than 100 other student clubs is discriminatory and a violation of New York human rights law.
New York State Judge Lynn Kotler ruled in favor of the group in June – saying Yeshiva is not a religious corporation according to its charter, a category that is exempt from anti-discrimination state law, so formally registering the club. Will have to do
Higher state courts rejected Yeshiva’s appeal to temporarily not recognize the club until a decision was reached, prompting the university to file its petition with SCOTUS.
The case was not heard on its merits in New York State.