Justice Sotomayor Temporarily Lets Yeshiva University Refuse to Recognize LGBTQ Club on Campus Pending Supreme Court Review

Law & Crime report

The Supreme Court on Friday agreed to temporarily block a judge’s order forcing Yeshiva University to recognize a club for lesbian, bisexual, gay, transgender and queer students, until the school’s religious freedom claims can be adjudicated.

Signed by Justice Sonia Sotomayor, the order for a stay has no noted dissents — and does not represent the high court’s final word on the matter. The order bears Sotomayor’s signature because she is the circuit justice for the Second Circuit, whose jurisdiction includes New York.

Yeshiva is an Orthodox Jewish university in New York, and not all of the schools within its system agree with the decision refusing to recognize a “Pride Alliance” for students on campus.

Cardozo School of Law distanced itself from the university’s Supreme Court battle when Yeshiva first filed an emergency application for a stay last month.

“The University’s decision not to allow an undergraduate LGBTQ+ student group, the lawsuit and the pending application at the Supreme Court do not pertain to the Cardozo School of Law and will have no impact on law school policy,” Cardozo wrote in a statement on Aug. 29. “The university’s position is that the undergraduate schools, unlike the law school, include religious education as a fundamental part of the curriculum.

“Cardozo embraces the fundamental human dignity of our LGBTQ+ students,” their statement continues. “The law school has a deep and steadfast commitment to diversity, equality and inclusion and recognizes that LGTBQ+ students play a critical role in our community. The law school has always supported our student LGBTQ+ organization, OUTlaw, and its alumni, and will continue to do so. At Cardozo, we believe that inclusion and equality are cornerstones of legal education and that diversity advances the best interests of the legal system.”

Justice Sotomayor Temporarily Lets Yeshiva University Refuse to Recognize LGBTQ Club on Campus Pending Supreme Court Review