Supreme Court Rules Yeshiva University Must Comply with New York Court Ruling for Now
Yeshiva University in New York City applied for an emergency stay to the Supreme
Court from a New York state trial court order, requiring the university to provide
space at a student fair for Pride Alliance, an LGBTQ student group. The trial
court ruled that because the university was considered a public accommodation,
it was covered under the New York City Human Rights Law and is required to provide
the Pride Alliance the same access to facilities as other student groups.
Yeshiva University requested the stay while it appealed the trial court’s decision
because “it was a deeply Jewish religious school,” whose religious beliefs
would be violated if it followed the court order. Prior to appealing to the Supreme
Court, Yeshiva lost a stay request at the New York State Court of Appeals. The
Pride Alliance argued in its filing at the Supreme Court opposing the requested stay that
“this ruling does not touch the University’s well-established right to express
to all students its sincerely held beliefs about Torah values and sexual orientation.”
At the same time, the filing adds, “it may not deny certain students access
to the non-religious resources it offers the entire student community on the basis of sexual orientation.”
Justice Sonia Sotomayor initially granted the stay on Friday, Sept. 9. However, the Justice’s
order noted that the order was “pending further order of the undersigned or of the Court.”
Last week, the full Supreme Court reversed its decision on a 5-4 vote, saying that the university
should comply with the New York state court while its appeal moves through the
court system. The Supreme Court noted that Yeshiva University had other avenues
that it had not yet exhausted regarding its request. Once those are exhausted,
Yeshiva could again bring its case to the Supreme Court.
