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.