The U.S. Supreme Court has overturned a New York court ruling ordering Yeshiva University, an Orthodox Jewish university in New York City, to “immediately” approve the LGBT student group “Pride Alliance,” in violation of its religious beliefs.
The Supreme Court responded to an emergency petition filed by Yeshiva University by issuing a “stay” – freezing the lower court ruling in New York – meaning the school does not risk being held in contempt of court for failure to carry out the court’s order while the case is still pending.
A majority of the nine judges upheld “a New York court ruling protecting Yeshiva University from threatening violations of the Torah values that shape its religious identity,” Becket Law, who represents Yeshiva University, announced Friday. .
#BREAK: Judge Sotomayor just postponed a New York court ruling to protect Yeshiva University from threatening violations of the Torah values that shape its religious identity. https://t.co/TTN9t1xNOt
— BECKET (@BECKETlaw) September 9, 2022
“After considering the request of the counsel for the Applicants and the response and response submitted thereto, it is ordered that the order of the New York District Court, Case No. 154010/2021, be hereby suspended pending further injunction from the undersigned or of the Court”, the order of the Supreme Court reads.
The next step is a full briefing and argumentation with the Appellate Division of the New York Supreme Court (New York’s second highest court). After a decision is made, the losing party can file a petition with New York’s highest court (the New York Court of Appeals).
If Yeshiva University loses to the New York Court of Appeals, the school can petition the U.S. Supreme Court to hear the case.
In addition, a stay can only be granted if at least five judges vote, indicating that it is highly likely that the Supreme Court will grant a review and seriously consider reversing the lower courts’ rulings if the New York courts fail to do so. change course.
“This New York court ruled that America’s flagship Jewish university is not religious enough to be protected by the First Amendment of the Constitution,” said Ken Klukowski, Breitbart News’ senior legal officer, who serves in the White House and Justice Department. worked. “Such a shocking statement by a leftist judge of a secular court highlights the commitment to the upcoming elections in November.”
In addition, it’s possible the U.S. Supreme Court could take additional measures at any time while the New York courts are still deciding, but that would be a very unusual move, Klukowski noted.
The case application is: Yeshiva University v. YU Pride AllianceNo. 22A184 in the United States Supreme Court.
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