Fellowship of Christian Athlet v. San Jose Unified School Distri

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FELLOWSHIP OF CHRISTIAN No. 22-15827 ATHLETES, an Oklahoma corporation; FELLOWSHIP OF D.C. No. CHRISTIAN ATHLETES OF PIONEER 4:20-cv-02798- HIGH SCHOOL, an unincorporated HSG association; CHARLOTTE KLARKE;

ELIZABETH SINCLAIR,

Plaintiffs-Appellants, OPINION

v.

SAN JOSE UNIFIED SCHOOL DISTRICT

BOARD OF EDUCATION; NANCY

ALBARRAN, in her official and personal capacity; HERB ESPIRITU, in his official and personal capacity; PETER GLASSER, in his official and personal capacity; STEPHEN MCMAHON, in his official and personal capacity, Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted August 9, 2022 Seattle, Washington Filed August 29, 2022

Before: Morgan Christen, Kenneth K. Lee, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Lee; Concurrence by Judge Lee; Dissent by Judge Christen

SUMMARY *

Civil Rights

The panel reversed the district court’s denial of a motion for a preliminary…