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

> Court of Appeals for the Ninth Circuit · April 3, 2023 · 64 F.4th 1024

URL: https://www.frixlaw.com/law-library/cases/9384458

## Case

- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 3, 2023
- **Citations:** 64 F.4th 1024
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 2 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/9384458

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9384458. Public record. Not legal advice.