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

> Court of Appeals for the Ninth Circuit · January 18, 2023

URL: https://www.frixlaw.com/law-library/cases/9364348

## Case

- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 18, 2023
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9364348

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9364348. Public record. Not legal advice.