A Divided Supreme Court Denies Yeshiva University Relief in LGBTQ+ Student Club Case
Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, dissented.
September 14, 2022 at 06:10 PM
2 minute read
The original version of this story was published on New York Law Journal
A divided U.S. Supreme Court on Wednesday lifted a temporary reprieve to Yeshiva University in its fight against recognition of an LGBTQ+ student organization, and directed the Jewish educational institution to seek relief in New York state courts.
Justice Sonia Sotomayor on Sept. 9 issued a stay of a New York trial court's order that the university treat the student group similar to other student groups in its student club recognition process. That stay was issued pending any further order of the full court.
The 5-4 court, in an unsigned order in Yeshiva University v. YU Pride Alliance, denied the stay because Yeshiva had two other avenues for expedited or interim relief from the trial court order. The university could ask New York courts to expedite the review of the merits of its appeal, and it could file with the Appellate Division a corrected motion for permission to appeal that court's denial of a stay to the New York Court of Appeals.
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