FELLOWSHIP OF CHRISTIAN ATHLETES, ET AL V. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATIO, ET AL, No. 22-15827 (9th Cir. 2023)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 29, 2022.
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED APR 3 2023 MOLLY C. DWYER, CLERK FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; et al., Plaintiffs-Appellants, v. No. 22-15827 U.S. COURT OF APPEALS D.C. No. 4:20-cv-02798-HSG Northern District of California, Oakland 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 APR 3 2023 of Education, et al., No. 22-15827 MURGUIA, Chief Judge, dissenting: MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS I respectfully dissent from the grant of injunctive relief pending resolution of this appeal.
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