Yeshiva University Suspends All Campus Clubs After Supreme Court Thwarts Efforts To Block LGBTQ+ Group

Daily Caller ^ | September 18, 2022 6:48 PM ET | GRETCHEN CLAYSON

[PghBaldy]

"The five-justice majority acknowledged that the case could end up back before the justices after the university jumps through procedural hoops. The majority’s brief order went out of its way to note that the university may return to the Supreme Court if it does not obtain a quick ruling in its favor from New York’s appellate courts." https://www.scotusblog.com/2022/09/in-5-4-vote-court-denies-yeshiva-universitys-request-to-block-state-ruling-on-lgbtq-recognition/

[Alberta's Child]

Right. But Thomas Jefferson would have found it repulsive for the U.S. government to provide money to pay for higher education, too -- at ANY university.

In fact, he lived at a time when any serious university would have refused any offer of government aid -- for the obvious reasons of government-induced corruption of the university.

[skeeter]

oliver wendell holmes he aint.

[chopperk]

Rabbi Berman is one smart man, the World needs more leaders like him. Homos are abnormal and their beliefs should not be shoved in our faces.

[SJackson]

Middle East and terrorism, occasional political and Jewish issues Ping List. High Volume If you’d like to be on or off, please FR mail me.

[Eleutheria5]

Good. Hit the books, kids. Stop wasting time.

[Red Badger]

Literally......................🤢

[DouglasKC]

I guess its OK then to have a Hitler club at a Jewish university.

[Bruce Campbells Chin]

The ruling was based on the idea that the case first had to go through all the lower courts before the Supreme Court would take the case. That is standard procedure for the Supreme Court and exceptions are granted only in extraordinary circumstances.

It is entirely possible that the court will rule in favor of Yeshiva when the case eventually makes it back up. That's why the dean talked about the road map necessary to get the case back to the Supreme Court.

The problem is that the Supreme Court already gets far more cases than it can handle, and those are the cases that already have gone through either the state court or federal court system. If it started taking cases that had only been decided at a lower level first, it would be even more overwhelmed. So unfortunately, this is standard procedure.

[LS]

Listening to Barnes Law on this. Of course, he really doesn’t like Roberts and Kegger-—says Kegger is good on guns, abortion, some other things, bad on vaxxes and homosexuals. But, an earlier fed court upheld (I think it was Bob Jones) another university’s appeal on this, and this does NOT deny Yeshiva, only requires Yeshiva to exhaust other routes.

In other words, Kegger & Roberts want someone else to be on the hook for this if at all possible. But I think in the end, they will have no choice but to uphold the lower court as there were no substantive disagreements with Yeshiva.

[Bruce Campbells Chin]

The intent of Thomas Jefferson’s “separation of church and state” letter was designed to protect Yeshiva University.

Actually, it really wasn't. When the Constitution was ratified, the Bill of Rights generally applied only to the actions of the federal government. The First Amendment in particular begins with "Congress shall make...", But says absolutely nothing about what states can do. That was true until the passage of the 14th Amendment after the Civil War.

So, state governments were free to limit the press, limit religion, etc., And some did do so, until after the passage of the 14th Amendment.

Lots of folks aren't aware of that.

[little jeremiah]

What the hell is wrong with SCOTUS???

[Red Badger]

Five ninths rotten.......................

[gitmo]

This is very similar to a court case involving Catholic Charities in California some years ago. There, a state court determined that it was not covered by religious exemptions in the particular case because it wasn't truly a "religious" organization.

What criteria did they use to declare they were not a religious organization?

[Red Badger]

Freedom of Association is dead. They just murdered it....................................

[Bruce Campbells Chin]

The intent of Thomas Jefferson’s “separation of church and state” letter was designed to protect Yeshiva University.

Actually, it really wasn't. When the Constitution was ratified, the Bill of Rights generally applied only to the actions of the federal government. The First Amendment in particular begins with "Congress shall make...", But says absolutely nothing about what states can do. That was true until the passage of the 14th Amendment after the Civil War.

So, state governments were free to limit the press, limit religion, etc., And some did do so, until after the passage of the 14th Amendment.

Lots of folks aren't aware of that.

[Alberta's Child]

If I remember correctly, Catholic Charities failed the "religious organization test" on three counts:

1. It doesn't have a mission oriented toward a specific religious denomination. It would have a much stronger case to make as a religious organization if it supported only -- or at least mainly -- Catholics.

2. It does not restrict its leadership on religious grounds. It's hard to call yourself a Catholic religious organization, for example, when your CFO is a Protestant, your chief legal counsel is Jewish, etc.

3. More than 65% of the organization's revenues came from government grants.

[madison10]

Why we can’t have nice things. Radical leftists ruin everything.

[Roadrunner383]

Well, from what I’ve read the SCOTUS refused to take up an Emergency Appeal by the university. The Court said the university hadn’t exhausted avenues of appeal at the lower levels.

This happens all the time, otherwise you’d have everyone skipping the normal appeals process and going directly to the Supreme Court.

Sucks when it happens on a conservative issue, but doesn’t mean the Court won’t take it up at a later date. Doesn’t mean the Court won’t rule in favor of the University.

[Red Badger]

True. It just means the SCOTUS doesn’t want to deal with the issue at this time.................