“We are grateful that Justice Sotomayor stepped in to protect Yeshiva’s religious liberty in this case.”
Applicants Yeshiva University and its president, Rabbi Ari Berman, seek an emergency stay pending appeal of a permanent injunction ordering them to “immediately” approve an official Yeshiva “Pride Alliance” student club. As a deeply religious Jewish university, Yeshiva cannot comply with that order because doing so would violate its sincere religious beliefs about how to form its undergraduate students in Torah values.
The trial court held that the decision whether to have an official Pride Alliance organization on campus can be made by the government rather than Yeshiva itself in consultation with its rabbis. Relying on the New York City Human Rights Law , the court concluded that the government can force Yeshiva to recognize an official Pride Alliance club because Yeshiva purportedly offers too many secular degrees to qualify for the law’s express exemptions for religious organizations.
The full force of the permanent injunction is thus pressing on Yeshiva now. Yeshiva’s claim that the First Amendment protects its right to uphold its religious values pending appeal has been finally rejected by the state courts. Outside of this Court, there is now no further avenue for interim relief. If Yeshiva is forced to comply, the infringement of its religious liberty, and injury to its reputation as a bastion of Torah values and flagship Jewish university, will be irreparable.
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