The Supreme Court on Wednesday reversed course and said Yeshiva University in New York must for now comply with a state court’s order that it should recognize a campus gay rights organization.
. But on Wednesday a majority of the justices said it was too soon for the high court to get involved.“It appears that applicants have at least two further avenues for expedited or interim state court relief,” the court’s short order said. If those fail, Yeshiva can return to the Supreme Court. Though unsigned, it was the work of Sotomayor, Chief Justice John G. Roberts Jr., and Justices Elena Kagan, Brett M. Kavanaugh and Ketanji Brown Jackson.
“The First Amendment guarantees the right to the free exercise of religion, and if that provision means anything, it prohibits a State from enforcing its own preferred interpretation of Holy Scripture,” said the dissent, written by Justice Samuel A. Alito Jr. and joined by Justices Clarence Thomas, Neil M. Gorsuch and Amy Coney Barrett. “Yet that is exactly what New York has done in this case, and it is disappointing that a majority of this Court refuses to provide relief.
The school is represented by the Becket Fund for Religious Liberty, which labeled the lower court ruling an “unprecedented” violation of the school’s First Amendment rights. The student club called the lower court’s decision a straightforward interpretation of state law, saying the Supreme Court’s intervention was unwarranted — especially before New York’s appellate courts have weighed in.“This ruling does not touch the University’s well-established right to express to all students its sincerely held beliefs about Torah values and sexual orientation,” the group said in its.
The school does not require its officers or professors to be Jewish and it enrolls 5,000 undergraduate and graduate students of all religious backgrounds, the group said. Its affiliated Cardozo Law School has had an official gay students group for years.
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