What Christian Colleges Can Glean From The Supreme Court’s ‘Yeshiva’ Case

Christianity Today, What Christian Colleges Can Glean from the Supreme Court’s ‘Yeshiva’ Case:

The United States Supreme Court’s decision in Yeshiva University v. YU Pride Alliance may seem like it spells trouble for Christian colleges that hold conservative positions on sexuality and gender identity.

After all, the court held that the orthodox Jewish university must formally recognize an LGBT student group. But a more complete reading of the decision forebodes a favorable outcome for Christian higher education in the future.

The case was decided on what observers refer to as the Supreme Court’s “shadow docket,” where the justices make substantive rulings without oral arguments and competing legal briefs. Here, the justices ruled that Yeshiva University did not actually qualify for the court’s review, denying the university’s claim that a trial court order to recognize the student group violated its religious mission.

It would be easy to read this decision as a blow to the religious freedom of colleges with codes of conduct speaking to sexual orientation. But the ruling is a textbook example of the Supreme Court relying on process and requiring aggrieved parties to exercise all possible legal options before asking the highest court to weigh in.

Simply put, it’s a mistake to read too much into what the court would do if it were to decide this case in a holistic manner. ...

Though Yeshiva University did not get the outcome it wanted from the nation’s highest court, this is by no means the end of the story. Should it exhaust its legal remedies at the state level, an appeal to the Supreme Court will be forthcoming. And as Alito noted, the court is well positioned to correct any decision that curtails the mission of a distinctly religious college.

Prior TaxProf Blog coverage:

• Letter from 48 Cardozo Law Professors, Yeshiva University Should Reverse Its 'Wrong And Unlawful' Ban On LGBTQ+ Student Group (May 2, 2021)
• New York Times, State Judge Rules Yeshiva University Must Recognize LGBTQ Student Club (June 19, 2022)
• Michael Helfand (Pepperdine; Google Scholar), Illegal Discrimination Or Religious Freedom? Understanding Yeshiva University’s Case Against The YU Pride Alliance (Sept. 4, 2022)
• New York Times, Justice Sotomayor Says Yeshiva University Can Bar LGBT Student Club — For Now (Sept. 11, 2022)
• Wall Street Journal, Supreme Court (5-4) Denies Yeshiva University Request To Block State Ruling On Recognition Of LGBTQ Club; Yeshiva Responds By Canceling All Student Groups (Sept. 18, 2022)
• Cardozo Law School Fights Fallout From Yeshiva University LGBT Club Case (Sept. 25, 2022)

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