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

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.