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Yeshiva University v. YU Pride Alliance

Description:  New York’s Yeshiva University—a distinctly Jewish school—is fighting for its right to make religious decisions free from government punishment, just as the First Amendment promises.


Students studying at a university
Friday, Sep 2, 2022

The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding a friend-of-the-court brief ADF attorneys filed Friday on behalf of five Christian school associations in favor of the freedom of New York’s Yeshiva University not to sponsor student clubs that undermine its religious beliefs:

“No court should force a religious organization to undermine its own faith and mission. If an activist group can use the courts to force Yeshiva University to sponsor an official club on campus that undermines the school’s own religious beliefs, there’s no telling what can happen to other religious organizations in America who rightly wish to be free from such coercion. The Christian school associations we represent—and their members—care deeply about preserving their ability to operate in a manner that’s consistent with their beliefs. They advocate for the right of all religious educational institutions to operate free from government intrusion, consistent with First Amendment guarantees. And they contend that courts should not be deciding what activities at a faith-based institution are or are not 'religious enough.' The First Amendment reserves that role for the religious group, not the government. The members of the associations filing this brief increasingly face challenges from those with contrary religious views on issues like marriage, sexuality, and gender, endangering their ability to operate consistently with their mission. They seek to ensure that Yeshiva University—a distinctly Jewish school—can make its religious decisions free from government punishment, just as the First Amendment promises.”

The associations filing the brief in Yeshiva University v. YU Pride Alliance are the Association of Christian Schools International, the American Association of Christian Schools, the Association of Classical Christian Schools, the Association for Biblical Higher Education, and the International Alliance for Christian Education.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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ABOUT John Bursch

John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.