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

FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT APR 3 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FELLOWSHIP OF CHRISTIAN No. 22-15827 ATHLETES, an Oklahoma corporation; et al., D.C. No. 4:20-cv-02798-HSG Northern District of California, Plaintiffs-Appellants, Oakland

v. ORDER

SAN JOSE UNIFIED SCHOOL DISTRICT

BOARD OF EDUCATION; et al.,

Defendants-Appellees.

Before: MURGUIA, Chief Judge, and CALLAHAN, M. SMITH, IKUTA, BENNETT, MILLER, BADE, BRESS, FORREST, BUMATAY and SUNG, Circuit Judges. Dissent by Chief Judge MURGUIA.

A majority of judges have voted to issue an injunction pending resolution of

this appeal. Defendants-Appellees San Jose Unified School District Board of

Education, Nancy Albarran, Herb Espiritu, Peter Glasser, and Stephen McMahon

are hereby ordered forthwith to recognize student chapters affiliated with the

Fellowship of Christian Athletes, including the Pioneer High School student

chapter, as official “Associated Student Body” approved clubs.

This injunction pending…