The institution was right on September 9 at Yeshiva University in New York which did not want to accept an LGBTQ association created by students. She now considers that the establishment has not exhausted all the remedies at the level of the State.
Le Monde with AFP
The United States Supreme Court returned Wednesday, September 14, on its favorable decision to a Jewish university on Wednesday, which refuses to give student association status to a group of young homosexuals, bisexuals and transgender. Emergency seizure, the high court had suspended the decision of a judge on Friday at the New York Yeshiva University to register the student club “Yeshiva Pride Alliance” at the start of the 2022.
She finally judged that the establishment had not exhausted all the appeals available at the level of the State and canceled its first judgment. If the university does not get the case at this level, “it will be able to return to this court,” she adds, suggesting that the judicial show is far from finished.
Four of his magistrates – out of nine – have dissociated from this decision. “The first amendment guarantees the free exercise of its religion and (…) prohibits the State from imposing its own reading of the Holy Scriptures”, argue these conservative judges. “It is our duty to protect the constitution, even if it is controversial,” they continue.
wide debate around respect for religious freedoms
The Yeshiva University, founded at the end of the 19th century th century “to promote the study of the Talmud”, welcomes around 5,000 students and provides diplomas in matters as varied as biology , psychology or accounting. In 2018, LGBTQ students (lesbians, gays, bisexuals, transgender and queers) trained the Yu Pride Alliance group and sought to become an association approved by the establishment in order to be able, among other things, organize conferences or meetings.
Seized by the group, a New York judge had proved him right in the name of a local law prohibiting discrimination. University officials then turned to the Supreme Court. “As a deeply religious Jewish university, Yeshiva cannot bend to this order because he violates his sincere religious convictions on the values of the Torah to transmit to students”, she pleaded in her appeal.
This confrontation is part of a broad debate in the United States on the balance between respect for religious freedoms and the principles of non-discrimination. Authorization of prayers on sports fields, to subsidize denominational schools or to display a Christian flag on a town hall: the Supreme Court, deeply altered by former President Donald Trump, has rendered several decisions in favor in favor of religions.
In June, she also revoked her judgment guaranteeing the right to abortion, fought for almost 50 years by the religious right.