Interesting article: Victor Molina, Abortion, same-sex marriage, and gender identity during the Pink Tide: Venezuela compared to Latin American trends
in: International Journal of Human Rights (Vol. 26, no. 7, 2022)
US Supreme Court rules Yeshiva University must recognize LGBTQ student group pending state-level appeal
The Supreme Court of the United States Wednesday voted 5-4 to uphold a ruling that Yeshiva University must recognize an LBGTQ student group. The majority stated that the university must pursue a challenge to the lower court’s ruling in state court before entering into federal court. Last week, Justice Sonia Sotomayor temporarily blocked the order pending further review by the Supreme Court.
Yeshiva University, a Modern Orthodox institution in Manhattan, sought emergency relief from an order of the New York state trial court requiring the University to treat an LGBTQ student group similarly to other student groups in its group recognition process. The court found that the university had not exhausted its available state appeals and said that, before the Court could grant certiorari to hear the case, they must first appeal at the state court level. The court agreed that if “applicants seek and receive neither expedited review nor interim relief from the New York courts, they may return to this Court.”
Included in the order was a dissent by justices Alito, Thomas, Gorsuch and Barrett. Totaling over 5 pages, the dissent expressed dismay that the court had refused to block the order on First Amendment grounds. “The Free Exercise Clause protects the ability of religious schools to educate in accordance with their faith,” states the dissent. “The loss of First Amendment rights for even a short period constitutes irreparable harm.”
The student group involved in this case is known as the Yeshiva University Pride Alliance. Composed of various LGBTQ students at the university, the Alliance sought formal recognition from the university on its status as a student group. The university refused to grant such recognition, saying that doing so would have “implications that are not consistent with Torah.” Dissatisfied with this response, the Alliance sued the university in state court, claiming that its refusal to recognize their group violated the New York City Human Rights Law, which forbids discrimination on the basis of sexual orientation and gender.
The trial court agreed, ruling that the university must grant the recognition afforded to all other student groups. The university then attempted to appeal the decision in federal court, but the appellate courts refused to take the case. As a last resort, the university turned to the Supreme Court in a bid to avoid formal recognition of the Alliance.
The case will now pass through the appeals process of the New York state courts, and could realistically be brought before the Supreme Court at some point in the near future.
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Interesting Book: Religious Speech, Hatred and LGBT Rights
USA: Supreme Court blocks order directing Yeshiva University to recognize LGBTQ student club
Associate Justice Sonia Sotomayor of the US Supreme Court Friday passed an injunction on a New York trial court’s order directing Yeshiva University to recognise “Pride Alliance” as official student club. In a two-line order, Sotomayor held that the lower court ruling would be stayed “pending further order” from her or from the full court.
Last year, students of Yeshiva University filed a lawsuit contending that the University’s refusal to recognize an LGBTQ advocacy and support club violated New York City’s human rights law. The statute prohibits discrimination based on sexual orientation and gender identity in public accommodations. The New York court observed that the institution is not a “religious corporation” under city law and is therefore not protected by the US Constitution. The court entered a permanent injunction ordering Yeshiva to “immediately” violate its Torah values and approve the LGBTQ club.
Yeshiva University filed an emergency application against the trial court’s order, arguing that the ruling infringed the “sincere religious values” and beliefs of the institution and violates the Yeshiva’s First Amendment rights.
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Sign Belgrade Pride’s petition to demand that EuroPride celebrations go on as planned!
EuroPride, the most important celebration for European LGBT+ communities, will be held for the first time in Belgrade, Serbia, on September 17.
But the Serbian government has threatened to ban the event.
“That kind of decision would be against the Serbian Constitution,” said organizers of EuroPride.
Sign Belgrade Pride’s petition to demand that EuroPride celebrations go on as planned!
Source: https://action.allout.org/en/
Iran sentences two LGBT activists to death
European Court of Justice: Advocate General’s Opinion in Case C‑356/21 – Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker
More: https://curia.europa.eu/juris/documents.jsf?num=C-356/21
The European Court of Human Rights has condemned France over the collection and retention of data, by the country’s blood donation service, concerning a man’s presumed sexual orientation
Arturas Tereskinas, Annija Karklina, Anita Rodina, Between Injustice and Legal Change: The Situation of LGBTQ+ People in Latvia and Lithuania (2022), European Union and its Neighbours in a Globalized World, vol 8. Springer
assesses situation of the LGBTQ+ People after the 2020 judgment of Constitutional Court of Latvia and after 2021 proposal of amendments to the Constitution of the Republic of Latvia
Patrick Parkinson, Adolescent Gender Identity and the Sex Discrimination Act: The Case for Religious Exemptions, Australian Journal of Law and Religion 2022, vol. 1
assesses provisions permitting discrimination by faith-based schools against students based on their sexual orientation and gender identity
More: https://ausjlr.com/wp-content/uploads/2022/07/Volume-1-Parkinson.pdf
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 