A “religious” school deprived of the right to openly discriminate… Maybe? Time will tell us.
For those who follow the nuanced case of Yeshiva University’s fight for the right to discriminate against gay people, there has been quite a development. The highest court in the country has ruled on the matter. And while it’s really about ‘understanding before you come to our door’, the breakdown of the ruling is making waves.
The Supreme Court has rejected a bid by Yeshiva University to prevent an LGBTQ+ student organization from forming on campus and returns the matter to New York courts.
In a 5-4 decision against the Jewish college on Wednesday, the Supreme Court denied Yeshiva’s request to stay a New York County Supreme Court decision, and the school will now have to go through the New York court system. York.
Now we have a lot of readers at Above the Law. Chances are many of you will be confused as to how a case that went through the New York Supreme Court should go “through the rest of the system.” What?! Supreme über alles, isn’t it? You, my dear reader, are one of today’s lucky 10,000!
A fun New York idiosyncrasy. The New York Supreme Court is actually one of its lower those. New York’s court of last resort is the Court of Appeals – which I think seems like the middle tier rather than the ultimate tier, but I’m not the legal architect here. Anyhoo, back to gratuitous discrimination in the name of Yeshiva.
With the Supreme Court’s refusal – the federal court of last resort without accountability, not New York’s – Yeshiva will have to work its way through the appellate levels of the New York court system before it can enjoy its day in the sun. with the Christian Six. If school returns to Guns For Jesus Court, it would create a pretty interesting fact pattern. Sure, SCOTUS’ ruling in favor of Yeshiva would be a boon for nationwide religious discrimination – well, schools will be the focal point for the right to be a bigot instead of damned pastries – but unless some of the Tories change their minds, or the conversion rules become much more lax very quickly, it will be much harder for them to pray with the defendants before they award them a completely impartial victory.
Speaking of Alito, Clarence, Gorsuch and Barrett, not everyone was happy with the decision.
Alito’s dissent states that the First Amendment allows Yeshiva University to freely exercise its religion, and added that a return to state court is unlikely to be successful for the school.
“I doubt Yeshiva’s return to state court will be successful, and I see no reason why we shouldn’t grant a reprieve at this time. It is our duty to defend the Constitution even when it is controversial,” Alito wrote.
New York County Supreme Court Judge Lynn Kotler ruled on June 14 that because the university is licensed as a non-religious organization, it must comply with the state’s human rights law. New York City.
Do not worry. Given the relative success of this evidence-based model, it is only a matter of time before a similarly situated Christian “non-religious organization” decides to violate a city of New York works its way through the “Supreme Court” to the Supreme Court proper. . Take advantage of the fundamental right to gather in non-religious organizations as long as you can, LGBTQ+ people. And the rest of us too. You may not be the target right now, but no heart is free from sin.
Supreme Court Rejects Yeshiva University’s Bid to Block LGBTQ+ Student Organization, Refers It to New York Courts [Fox News]
Chris Williams became Social Media Manager and Associate Editor for Above the Law in June 2021. Prior to joining the team, he moonlighted as an underage Memelord™ in the Law School Memes for Edgy Facebook group T14s. He endured Missouri long enough to graduate from Washington University at St. Louis School of Law. He’s a former boatbuilder who can’t swim, a published author on critical racing theory, philosophy and humor, and has a love for cycling that sometimes annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.