Yeshiva University Wins Major Legal Battle

Yeshiva University has won a battle against being compelled to recognize an LGBTQ club on its campus.

U.S. Supreme Court Justice Sonia Sotomayor issued a Stay on a NY court’s ruling but in her brief gave no reason for her ruling though she noted the matter could be taken up by the entire SCOTUS at some point.

Sotomayor’s Order simply reads “the injunction of the New York Trial court is hereby stayed pending further order.” The ruling is merely a Band-Aid, as the University continues its arguments within the NY court system. The Stay will remain pending a further order from herself or the entire Supreme Court.

The Supreme Court has been very receptive to religious freedom claims in recent years.

In June, the Court struck down a Maine program prohibiting state funds from being spent at religious schools and ruled a high school football coach in Washington state has the right to pray on the field after games.

The Yeshiva dispute stems from a lawsuit filed earlier this year by current and former students who support the “Pride Alliance.” The Pride Alliance is a group of students who want to have on-campus events and be recognized as official. The matter still is in the appeals process within the NY courts.

When the University denied that recognition, the group filed a lawsuit claiming the LGBTQ students were being discriminated against and breaking NYC Human Rights Law. New York State Supreme Court Justice Lynn Kotler ruled the University had no religious standing which prompted the University to file an emergency Petition of Certiorari with the SCOTUS.

Eric Baxter, Senior counsel at the Becket Fund for Religious Liberty tweeted “ Now that briefing is wrapped up for Yeshiva’s still-pending #SCOTUS application, I have to say how miraculous it feels to have seen so much amicus support for Yeshiva—literally from around the globe.”

Yeshiva was established in 1886 and is considered one of the oldest Orthodox Jewish universities in the nation filed the emergency request to the high court on Aug. 29, calling a judge’s June decision in the New York Supreme Court First Judicial District an “unprecedented intrusion” into the university’s sincere religious beliefs.