Supreme Court refuses to protect Yeshiva University in LGBTQ ruling

The Supreme Court said by 5-4 votes Wednesday that it will not protect yeshiva University from a state court order requiring it to recognize an LGBT student group on campus.

The temporary order allows the legal battle to continue in New York.

On Friday evening, Judge Sonia Sotomayor issued an administrative order temporarily protecting the Orthodox Jewish University, which objects to recognition of the YU Pride Alliance. She acted alone as the judge handling emergency appeals from New York.

But when the full court considered the appeal, the majority decided that the university should have appealed to the New York state courts, rather than seeking emergency relief from the judges.

If those appeals fail, the judges said, the university could go back to the Supreme Court. “If applicants seek expedited review and do not receive any interim relief from the New York courts, they can return to this court,” they said.

The arrangement spoke at Yeshiva University against the YU Pride Alliance for Chief Justice John G Roberts Jr. and Justices Sotomayor, Elena Kagan, Brett M. Kavanaugh, and Kentangy Brown-Jackson.

Judge Samuel A. Alito objected, joined by Justices Clarence Thomas, Neil M. Gorsuch and Amy Connie Barrett.

“I doubt that the return of the yeshiva to the state court will be fruitful, and I see no reason why we should not be granted residency at this time,” Alito wrote. “It is our duty to defend the Constitution even when doing so is controversial.”

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