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

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 4:20-cv-02798- PIONEER HIGH SCHOOL, an HSG unincorporated association;

CHARLOTTE KLARKE;

ELIZABETH SINCLAIR, OPINION

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

Argued and Submitted En Banc March 23, 2023 Pasadena, California

Filed September 13, 2023

Before: Mary H. Murguia, Chief Judge, and Consuelo M. Callahan, Milan D. Smith, Jr., Sandra S. Ikuta, Mark J. Bennett, Eric D. Miller, Bridget S. Bade, Daniel A. Bress, Danielle J. Forrest, Patrick J. Bumatay and Jennifer Sung,…