Yeshiva University and ‘Pride Alliance’ Agree To Stay Of State Court Order That Forced School To Officially Recognize LGBT Group
The Supreme Court indicated it likely would take the case once state appeals were exhausted, and likely would rule in favor of the university.
On Tuesday, Yeshiva University and the student Pride Alliance agreed to a stay of the NY state trial court’s order forcing the Jewish institution to recognize an official Yeshiva “Pride Alliance” student club.
We reported on the conflict between the school and the club previously:
- New York Court Forcing Yeshiva University to Accept LGBT Club on Campus
- Justice Sotomayor Stays NY State Court Order Forcing Yeshiva University To Recognize “Pride Alliance” Club
- Yeshiva University Must Recognize LGBTQ Student Group For Now, After SCOTUS Vacates Stay As Premature
- Pending Return to SCOTUS, Yeshiva University Freezes All Student Group Activities Rather Than Recognize LGBT Alliance
Earlier this month, Yeshiva University asked the United States Supreme Court to block the state court’s order forcing it to recognize the club. The Court sent the University back to state court to finish out the appeals process but signaled that it would likely prevail on its return to the Supreme Court.
The University is represented by its lawyers at the Becket Fund for Religious Liberty, who released this statement yesterday:
Yeshiva University and the Pride Alliance group have independently agreed that a stay should be entered to allow Yeshiva to appeal a ruling against it without the threat of sanctions. In June, a state court ordered Yeshiva to “immediately” give official recognition to Pride Alliance, an LGBTQ pride group. Yeshiva had been seeking the stay of that order from various courts since June, with Pride Alliance arguing that a stay was improper.
Yesterday, however, the Pride Alliance reversed course and agreed to enter into a stay. The change comes a few days after the United States Supreme Court issued a ruling directing further state court action, with four Justices indicating Yeshiva is “likely” to prevail on its claims, and the other five Justices inviting Yeshiva back if the state courts failed to grant relief. In the wake of that order, the New York Appellate Division on Tuesday, September 20, agreed to reconsider its prior ruling against Yeshiva. And now Pride Alliance has agreed that Yeshiva should be able to conduct its appeals without being forced to violate its religious identity.
Earlier this month, when faced with the court-compelled violation of its religious principles, the school said it would freeze all undergraduate club activity pending its return to the Supreme Court.
Given Yeshiva’s likely success there—and a likely precedential Supreme Court ruling against the club—the Pride Alliance walked back its objections and reached an agreement with the school, agreeing to the stay. The University has announced that student club activity will resume in the coming weeks:
[W]e are starting clubs after the Jewish Holidays when students are back on campus,” said Hanan Eisenman, Director Of Communications at Yeshiva University. “Now that Pride Alliance has offered a stay, we have sent their lawyers a signed agreement to stay the trial court order. We look forward to working together to quickly resolve this issue.
Such a resolution seems more likely in light of the Supreme Court’s message to the state courts that they will be reversed on appeal.
UPDATE – 9-29-2022: The Appellate Division ordered a stay pursuant to the parties’ stipulation on September 29, 2022.
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TY Jane… this sounds good for religious freedom.
Forced acceptance and endorsement have replaced tolerance. I laugh at anyone who believed the progressives when they said there would be no slippery slope
It was plain as day that these dishonest people would keep pushing their stuff down our throats.
The solution for all universities is simple: end recognition of all campus clubs. It’s unfortunate that a relative few have weaponized the student governments, administrators, and processes, but this is why we can’t have nice things. No more clubs, no more student government, and reduce or eliminate the ‘activities fees’ that have gone to support these.
Another benefit is that the Student Center can now be used to house illegal immigrants.
“The Supreme Court indicated it likely would take the case once state appeals were exhausted, and likely would rule in favor of the university.”
This is the first time I can recall in my admittedly overtime life in which any part of the US court system actually did the opposite of dragging something out.
I wouldn’t give them too much credit. They actually said go back and waste more time and money if you want and then we’ll just rule this way.
The parties themselves agreed to not waste each other’s time and money doing that, not the court system.
Well, I think they were constrained by the rules to let the boxing match finish. But telling the boxers which one of them was going to win no matter what happened surely sped up the bout. Normally they just act all mysterious, as if they are bound to remain unbiased until the last scintilla of evidence and the final pleading are studied to death, then rule the way they already knew six months ago they were going to.
The parties themselves only agreed to the stay because the rainbow mafia did not want the precedent
To be set against them. They will sue again later when the Supreme Court is more liberal.
I think you are mistaken. The group didn’t withdraw their suit.
The lower court had ruled that until the outcome of the judgment was made that Yeshiva had to recognize the LGBT group in the meantime and grant them sponsored organization status on campus immediately prior to final judgment on the suit. The logic they used for such was strained to nearly being torn in half.
All the parties have agreed to is a stay of that immediate order, but the suit will still go forward. The lower court has also tipped its hand as to bias in its ruling. That said, Yeshiva is not afraid to drop all club activities in response rather than recognize the LGBT group and now everyone knows that.