Yeshiva University v. YU Pride Alliance
Emergency application for stay is denied on Sept. 14, 2022. Justice Alito, with whom Justices Thomas, Gorsuch, and Barrett join, dissents.
Issue: (1) Whether, under the First Amendment"s religion clauses, the New York City Human Rights Law can be applied to override Yeshiva University"s religious judgment about which student organizations to officially recognize on campus consistent with its Torah values; (2) Whether, under Employment Division v. Smith, the New York City Human Rights Law, which categorically exempts hundreds of organizations from its reach and allows individualized exceptions for "bona fide reasons of public policy," is "neutral" and "generally applicable;" and (3) Whether Employment Division v. Smith should be overruled.
SCOTUSblog Coverage
- In 5-4 vote, court denies Yeshiva Universitys request to block state ruling on LGBTQ recognition (Amy Howe, September 15, 2022)
- Yeshiva University wont be forced to recognize LGBTQ club for now (Amy Howe, September 9, 2022)
| Date | Proceedings and Orders |
|---|---|
| 08/29/2022 | Application (22A184) for a stay, submitted to Justice Sotomayor. |
| 08/29/2022 | Response to application (22A184) requested by Justice Sotomayor, due 5 p.m. (EDT), September 2, 2022. |
| 08/29/2022 | Blanket Consent of Yeshiva University and President Ari Berman not accepted for filing. (August 30, 2022) |
| 08/30/2022 | Motion for leave to file amicus brief filed by Professor Douglas Laycock. |
| 09/01/2022 | Motion for leave to file amicus brief filed by Jewish Coalition for Religious Liberty and Coalition for Jewish Values. |
| 09/01/2022 | Motion for leave to file amicus brief filed by National Orthodox Jewish Organizations. |
| 09/02/2022 | Response to application from respondents YU Pride Alliance, Molly Meisels, Doniel Weinreich, Amitai Miller, and Anonymous filed. |
| 09/02/2022 | Proof of Service of Agudath Israel of America not accepted for filing. (September 07, 2022) |
| 09/02/2022 | Motion for leave to file amicus brief filed by Chief Rabbi of South Africa, et al. |
| 09/02/2022 | Motion for leave to file amicus brief filed by Agudath Israel of America. |
| 09/02/2022 | Motion for leave to file amicus brief filed by Council for Christian Colleges & Universities. |
| 09/02/2022 | Motion for leave to file amicus brief filed by Archdiocese of New York, et al. |
| 09/02/2022 | Motion for leave to file amicus brief filed by New Civil Liberties Alliance. |
| 09/02/2022 | Motion for leave to file amicus brief filed by Professor Richard A. Epstein. |
| 09/02/2022 | Motion for leave to file amicus brief filed by Association of Classical Christian Schools, et al. |
| 09/03/2022 | Reply of applicant Yeshiva University, et al. filed |
| 09/06/2022 | Motion for Leave to File Brief as Amicus Curiae of Chief Rabbi of South Africa, Rabbi Dr. Warren Goldstein, the Chief Rabbi of Ukraine, Rabbi Moshe Reuven Azman; Rabbi and Rabbinical Judge of the Upper Beth Din of Israel, Rabbi Eliezer Igra, Chief Rabbi Pinchas Goldschmidt, President of the Conference of European Rabbis, and Rabbinical Council of America not accepted for filing. (September 08, 2022--Corrected version to be submitted) |
| 09/07/2022 | Letter Advising of the Addition of Amicus to Previously Filed Brief of Council for Christian Colleges & Universities not accepted for filing. (September 14, 2022) |
| 09/08/2022 | Motion for leave to file amicus brief filed by Chief Rabbi Ephraim Mirvis. |
| 09/09/2022 | Upon consideration of the application of counsel for the applicants and the response and reply field thereto, it is ordered that the injunction of the New York trial court, case No. 154010/2021, is hereby stayed pending further order of Justice Sotomayor or of the Court. |
| 09/14/2022 | Application (22A184) referred to the Court. |
| 09/14/2022 | The application (22A184) for stay pending appeal of a permanent injunction entered by the New York trial court, presented to Justice Sotomayor and by her referred to the Court, is denied without prejudice to applicants again seeking relief from this Court if, upon properly seeking expedited review and interim relief from the New York courts, applicants receive neither. The order heretofore entered by Justice Sotomayor is vacated. Applicants Yeshiva University and its president seek emergency relief from a non-final order of the New York trial court requiring the University to treat an LGBTQ student group similarly to other student groups in its student club recognition process. The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief. First, applicants may ask the New York courts to expedite consideration of the merits of their appeal. Applicants do not assert, nor does the Appellate Division docket reveal, that they have ever requested such relief. Second, applicants may file with the Appellate Division a corrected motion for permission to appeal that court’s denial of a stay to the New York Court of Appeals, as the Appellate Division clerk’s office directed applicants to do on August 25. Applicants may also ask the Appellate Division to expedite consideration of that motion. If applicants seek and receive neither expedited review nor interim relief from the New York courts, they may return to this Court. Justice Alito, with whom Justice Thomas, Justice Gorsuch, and Justice Barrett join, dissent. (Detached Opinion) |