The Supreme Court said Wednesday, by a vote of 5 to 4, that it would not protect Yeshiva University from a state court order requiring it to recognize an LGBTQ student group on campus.
The injunction allows the lawsuit to continue in New York.
On Friday night, Judge Sonia Sotomayor issued an administrative order temporarily shielding the Orthodox Jewish university, which opposes recognizing the YU Pride Alliance. She acted as the sole judge handling 911 calls from New York.
But when the grand court considered the appeal, the majority ruled that the university should have appealed to the New York state courts rather than seeking emergency relief from the judges.
If those appeals fail, the university can return to the High Court, the judges said. “If applicants do not seek and receive expedited review or interim relief from the New York courts, they may return to that court,” they said.
The order in Yeshiva University vs. YU Pride Alliance spoke for Chief Justice John G. Roberts Jr. and Justices Sotomayor, Elena Kagan, Brett M. Kavanaugh and Kentanji Brown Jackson.
Justice Samuel A. Alito Jr. filed a dissent, joined by Justices Clarence Thomas, Neil M. Gorsuch, and Amy Coney Barrett.
“I doubt Yeshiva’s return to state court will be successful, and I see no reason why we should not grant a stay at this time,” Alito wrote. “It is our duty to stand up for the constitution, even if this is controversial.”
https://www.latimes.com/politics/story/2022-09-14/supreme-court-yeshiva-university-lgbtq-student-group Supreme Court refuses to shield Yeshiva University in LGBTQ ruling