Opinion
No. 22-15827
04-03-2023
FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; Fellowship of Christian Athletes of Pioneer High School, an unincorporated association; Charlotte Klarke; Elizabeth Sinclair, 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.
D.C. No. 4:20-cv-02798-HSG, Northern District of California, Oakland Before: MURGUIA, Chief Judge, and CALLAHAN, M. SMITH, IKUTA, BENNETT, MILLER, BADE, BRESS, FORREST, BUMATAY and SUNG, Circuit Judges. Order; Dissent by Chief Judge Murguia
ORDER
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.
MURGUIA, Chief Judge, dissenting:
I respectfully dissent from the grant of injunctive relief pending resolution of this appeal.