The Supreme Court has cleared the way for an LGBTQ group to gain official recognition from the Yeshiva University in New York in a 5-4 vote Wednesday.
The justices at the US Supreme Court lifted a temporary hold on a court order that requires Yeshiva University to recognize the group, the YU Pride Alliance, even as a legal fight continues in New York courts. Chief Justice John Roberts and Justice Brett Kavanaugh, despite being conservative, sided with the court’s three liberal justices to form a majority.
This being said, the decision may not stand, because of a brief unsigned order that states Yeshiva should return to state court to seek quick review and temporary relief while the case continues. If it gets neither from state courts, the school can return to the Supreme Court, the majority wrote.
The Constitution “prohibits a State from enforcing its own preferred interpretation of Holy Scripture. Yet that is exactly what New York has done in this case, and it is disappointing that a majority of this Court refuses to provide relief,” Justice Samuel Alito wrote. Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett joined his opinion. Alito added that Yeshiva probably will have to recognize the Pride Alliance “for at least some period of time (and perhaps for a lengthy spell).”
Meanwhile, a New York state court sided with the student group and ordered the university to recognize the club immediately. The matter remains on appeal in the state court system, but judges there refused to put the order on hold in the meantime.