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

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 18, 2023
• Docket: 22-15827
• Status: Published

Opinion

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.