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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Supreme Court hands the religious right an unexpected loss. Don't expect it to last.
VoxThe Supreme Court handed down a brief and highly unusual order Wednesday evening that set the stage for more legal wrangling over the line between religious freedom and anti-discrimination laws.
The order itself is very narrow, giving lawyers for an orthodox Jewish university very specific instructions on which motions they must file to ask New Yorks appeals courts to reconsider a decision against the university.
A state trial court ordered the university to recognize an LGBTQ student group, something the school refused to do on religious grounds. The school sought relief on the Supreme Courts shadow docket, a process for obtaining expedited relief from the justices without invoking the Courts ordinary processes. And the university actually had a strong case that the state court was at least partly in the wrong, under longstanding Supreme Court precedents.
While the Supreme Courts decision in Yeshiva University v. YU Pride Alliance is technically a loss for the university, because it leaves the trial courts order in place, the decision reads like an implicit threat to New Yorks appeals courts. It is very likely that, if New Yorks appeals courts do not step in to permit Yeshiva University to deny recognition to the pride group, the Supreme Court will do so in the near future.
Meanwhile, the four most conservative members of the Court dissented. They also joined an opinion by Justice Samuel Alito which, if it became law, would seriously damage many civil rights litigants ability to bring an anti-discrimination lawsuit against someone who claims that their discrimination is motivated by their religious faith. And Alitos approach could quite easily pick up the fifth vote it needs to become a majority opinion if the Yeshiva University case does return to the justices.
The order itself is very narrow, giving lawyers for an orthodox Jewish university very specific instructions on which motions they must file to ask New Yorks appeals courts to reconsider a decision against the university.
A state trial court ordered the university to recognize an LGBTQ student group, something the school refused to do on religious grounds. The school sought relief on the Supreme Courts shadow docket, a process for obtaining expedited relief from the justices without invoking the Courts ordinary processes. And the university actually had a strong case that the state court was at least partly in the wrong, under longstanding Supreme Court precedents.
While the Supreme Courts decision in Yeshiva University v. YU Pride Alliance is technically a loss for the university, because it leaves the trial courts order in place, the decision reads like an implicit threat to New Yorks appeals courts. It is very likely that, if New Yorks appeals courts do not step in to permit Yeshiva University to deny recognition to the pride group, the Supreme Court will do so in the near future.
Meanwhile, the four most conservative members of the Court dissented. They also joined an opinion by Justice Samuel Alito which, if it became law, would seriously damage many civil rights litigants ability to bring an anti-discrimination lawsuit against someone who claims that their discrimination is motivated by their religious faith. And Alitos approach could quite easily pick up the fifth vote it needs to become a majority opinion if the Yeshiva University case does return to the justices.
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The Supreme Court hands the religious right an unexpected loss. Don't expect it to last. (Original Post)
In It to Win It
Sep 2022
OP
crickets
(25,962 posts)1. K&R for visibility.
Mad_Machine76
(24,406 posts)2. I don't know if it made a difference
but did the fact that they were deciding a case based on an Orthodox Jewish university and not, say, a Christian one make any kind of difference here?
Leith
(7,809 posts)4. I thought the same thing
so you're not the only one.
Mad_Machine76
(24,406 posts)5. Good to know
I wasn't the only one!
Hermit-The-Prog
(33,328 posts)3. We need to dilute the power of this Extreme Court.
Roe, Roe, Roe your vote
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