It was only a few days ago that we were all stunned that Justice Sotomayor blocked a lower court ruling that benefited an LGBTQ+ group.
The group had sued Yeshiva University for blocking an LGBTQ+ student group from being formerly recognized on campus.
The school denied the group and defended its stance via a religious exemption.
Not Happening
After the initial hold was put on the lower court order, the Supreme Court took up the case.
Justices Roberts and Kavanaugh joined the liberal justices in denying Yeshiva University’s request.
The only solace we can take with this is that the case was denied because it has not exhausted all lower court options.
Rather than take the case to the appeals court and State Supreme Court, YU appealed directly to the Supreme Court to get the issue settled permanently before the fall semester.
This is a big deal because it impacts religious teachings at the school.
Even so, the majority stated, “Applicants Yeshiva University and its president seek emergency relief from a non-final order of the New York trial court, requiring the University to treat an LGBTQ student group similarly to other student groups in its student club recognition process.
“The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief.”
Justice Alito wrote the dissenting opinion, stating, “The upshot is that Yeshiva is almost certain to be compelled for at least some period of time (and perhaps for a lengthy spell) to instruct its students in accordance with what it regards as an incorrect interpretation of Torah and Jewish law.”
He further stated that since YU would likely win this case at the Supreme Court level, so it made no sense to kick it back down.
Source: New York Post
