The Supreme Court won’t block a New York court decision that forces a Jewish university in the state to grant full recognition to an LGBT group on campus.
From Shannon Bream:
BREAKING: #SCOTUS declines to block a NY court's decision that directs Yeshiva University to grant full recognition to an LGBTQ+ club on campus. The university argues religious liberty grounds. For now, SCOTUS tells the school to 1st seek relief in state court – can return. 1/
— Shannon Bream (@ShannonBream) September 14, 2022
The high court isn’t done with the case, but felt that the univeristy should still pursue relief in the state court system:
From majority: “The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief.” 2/
— Shannon Bream (@ShannonBream) September 14, 2022
Alito, Thomas, Gorsuch and Barrett all dissented on the refusal to block the case:
J. Alito writes dissent – joined by Justices Thomas, Gorsuch, Barrett: “Does the First Amendment permit a State to force a Jewish school to instruct its students in accordance with an interpretation of Torah that the school, after careful study, has concluded is incorrect?
— Shannon Bream (@ShannonBream) September 14, 2022
More J. Alito: "The answer to that question is surely “no”. The First Amendment guarantees the right to the free exercise of religion, and if that provision means anything, it prohibits a State from enforcing its own preferred interpretation of Holy Scriptures.” 4/
— Shannon Bream (@ShannonBream) September 14, 2022
J. Alito closes dissent: "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." 5/5
— Shannon Bream (@ShannonBream) September 14, 2022
I guess that means Kavanaugh and Roberts joined the liberal activists on the court to deny the request to block the ruling.
I would hope that when the case gets back to the Supreme Court, as we know it will, Kavanaugh and Roberts will join Alito and the others to rule in favor of religious liberty. But that remains to be seen. I feel like Kavanaugh would probably join them but there is no telling what Roberts will do. He loves being the unpredictable swing vote.