The opinion
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 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.
FILED
Fellowship of Christian Athletes, et al. v. San Jose Unified School District Board
of Education, et al., No. 22-15827 APR 3 2023
MOLLY C. DWYER, CLERK
MURGUIA, Chief Judge, dissenting: U.S. COURT OF APPEALS
I respectfully dissent from the grant of injunctive relief pending resolution of
this appeal.