Fellowship of Christian Athletes, an Oklahoma corporation v. San Jose Unified School District Board of Education

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELLOWSHIP OF CHRISTIAN
ATHLETES, an Oklahoma
corporation; FELLOWSHIP OF
CHRISTIAN ATHLETES OF
PIONEER HIGH SCHOOL, an
unincorporated association;
CHARLOTTE KLARKE;
ELIZABETH SINCLAIR,
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.
No. 22-15827
D.C. No.
4:20-cv-02798-
HSG
ORDER
Filed April 3, 2023

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2 FELLOWSHIP OF CHRISTIAN A THLETES V. SAN JOSE USD
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,
Circuit Judges.
Order;
Dissent by Chief Judge Murguia
SUMMARY*
Civil Rights
A majority of judges voted to issue an injunction pending
resolution of this appeal ordering Defendants-Appellees, the
San Jose Unified School District Board of Education and
certain individuals, to forthwith recognize student chapters
affiliated with the Fellowship of Christian Athletes,
including the Pioneer High School student chapter, as
official “Associated Student Body” approved clubs.
Chief Judge Murguia respectfully dissented from the
grant of injunctive relief pending resolution of this appeal.
* This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.

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FELLOWSHIP OF CHRISTIAN A THLETES V. SAN JOSE USD 3
ORDER
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 appeal is issued pursuant to Fed.
R. App. P. 8 and Fed. R. Civ. P. 62(g) and shall remain in
place until we issue an opinion on the merits of this appeal.
MURGUIA, Chief Judge, dissenting:
I respectfully dissent from the grant of injunctive relief
pending resolution of this appeal.

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