Supreme Court rejects Orthodox Jewish university's emergency request to deny official recognition to LGBTQ student group

The Supreme Court said Wednesday that an Orthodox Jewish university in New York is required for now to officially recognize an LGBTQ student group in a rare legal defeat for religious rights. In a 5-4 vote, the justices rejected an emergency request made by Yeshiva University, which claims that recognizing the group would be contrary to its sincere religious beliefs. The decision leaves intact a decision by a New York state judge, who ruled in June that the university was bound by the New York City Human Rights Law, which bars discrimination based on sexual orientation. The university argues that it is a religious institution and therefore should be exempted from the law. Requiring the school to endorse the group would be a “clear violation” of its First Amendment rights, which protect the free exercise of religion, it said.

Justice Sonia Sotomayor last week imposed a temporary hold on the state court ruling, giving the court more time to consider the request. Wednesday's court order said the university could turn to the high court again if it is not able to block the ruling in New York state courts. Four of the court's six conservative justices dissented, saying the court should have intervened immediately. "I doubt that Yeshiva’s return to state court will be fruitful, and I see no reason why we should not grant a stay at this time. It is our duty to stand up for the Constitution even when doing so is controversial," Justice Samuel Alito wrote. The LGBTQ Pride Alliance group, which first sought recognition from the university in 2019, sued in April 2021, saying the school was required to grant its request because it is a place of public accommodation that is covered by the anti-discrimination law.