The Supreme Court of the United States Wednesday voted 5-4 to uphold a ruling that Yeshiva University must recognize an LBGTQ student group. The majority stated that the university must pursue a challenge to the lower court’s ruling in state court before entering into federal court. Last week, Justice Sonia Sotomayor temporarily blocked the order pending further review by the Supreme Court.
Yeshiva University, a Modern Orthodox institution in Manhattan, sought emergency relief from an order of the New York state trial court requiring the University to treat an LGBTQ student group similarly to other student groups in its group recognition process. The court found that the university had not exhausted its available state appeals and said that, before the Court could grant certiorari to hear the case, they must first appeal at the state court level. The court agreed that if “applicants seek and receive neither expedited review nor interim relief from the New York courts, they may return to this Court.”
Included in the order was a dissent by justices Alito, Thomas, Gorsuch and Barrett. Totaling over 5 pages, the dissent expressed dismay that the court had refused to block the order on First Amendment grounds. “The Free Exercise Clause protects the ability of religious schools to educate in accordance with their faith,” states the dissent. “The loss of First Amendment rights for even a short period constitutes irreparable harm.”
The student group involved in this case is known as the Yeshiva University Pride Alliance. Composed of various LGBTQ students at the university, the Alliance sought formal recognition from the university on its status as a student group. The university refused to grant such recognition, saying that doing so would have “implications that are not consistent with Torah.” Dissatisfied with this response, the Alliance sued the university in state court, claiming that its refusal to recognize their group violated the New York City Human Rights Law, which forbids discrimination on the basis of sexual orientation and gender.
The trial court agreed, ruling that the university must grant the recognition afforded to all other student groups. The university then attempted to appeal the decision in federal court, but the appellate courts refused to take the case. As a last resort, the university turned to the Supreme Court in a bid to avoid formal recognition of the Alliance.
The case will now pass through the appeals process of the New York state courts, and could realistically be brought before the Supreme Court at some point in the near future.
