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.