Fellowship of Christian Athletes v. San Jose Unified School District Board of Educatio

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 18 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FELLOWSHIP OF CHRISTIAN No. 22-15827 ATHLETES, an Oklahoma corporation; FELLOWSHIP OF CHRISTIAN D.C. No. 4:20-cv-02798-HSG ATHLETES OF PIONEER HIGH Northern District of California, SCHOOL, an unincorporated association; Oakland

CHARLOTTE KLARKE; ELIZABETH

SINCLAIR, ORDER

Plaintiffs-Appellants,

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.

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judge Koh did not participate in the…