22:I[98912,["/_next/static/chunks/0asocxi83kb~5.js","/_next/static/chunks/0n4z.7yu76je-.js","/_next/static/chunks/0eyt_ou8dj52g.js","/_next/static/chunks/01bcia3bjqt9z.js","/_next/static/chunks/15egrlmmf_yst.js"],"CaseDetailGate"] 23:T4d0,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 deliberations or vote in this case.24:T531,

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,

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 deliberations or vote in this case.