In a 5-4 decision, the Supreme Court rejected a request by Yeshiva University to prevent the formation of an LGBTQ student group on campus and remanded the case to the New York courts. Justices Neil Gorsuch, Amy Coney Barrett, Clarence Thomas, and Samuel Alito dissented with the majority. Justice Sonia Sotomayor stated for the majority, “The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief.”
According to Fox News, Justice Alito argued in his dissenting opinion that Yeshiva University is entitled to the free expression of its religion under the First Amendment but noted that the school’s chances of winning in state court were slim. He stated, “I doubt that Yeshiva’s return to state court will be fruitful, and I see no reason why we should not grant a stay at this time. It is our duty to stand up for the Constitution even when doing so is controversial.”
Judge Lynn Kotler of the New York County Supreme Court decided on June 14 that the institution must abide by the New York City Human Rights Law because it is registered as a non-religious organization. She said the University must “immediately grant plaintiff YU Pride Alliance the full equal accommodations, advantages, facilities and privileges afforded to all other student groups at Yeshiva University.
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