The Fellowship of Christian Athletes Officially Recognized As Club
The Ninth Circuit Court of Appeals upheld their decision to side with FCA in the case against SJUSD.
By Jocelyn Cosgrove
The Ninth Circuit Court of Appeals upheld their decision to side with FCA in the case against SJUSD.
By Jocelyn Cosgrove
On Sept. 13, the Ninth Circuit Court of Appeals, the federal court overseeing the western portion of the United States, ruled that San José Unified School District must formally recognize the Fellowship of Christian Athletes, allowing the club to meet on campus for the 2023-24.
In April 2019, Pioneer High School withdrew recognition of the FCA club after concerns were raised about the “purity pledge” that FCA student leaders were required to sign, affirming that marriage was only between a man and a woman. The pledge conflicted with the district's nondiscriminatory policies since some students were not able to become leaders if they did not sign the pledge.
In 2020, FCA and two former Pioneer students sued San José Unified for violating the Equal Access Act, not recognizing FCA as a club and no longer allowing them to hold meetings on campus.
A new version of the district’s nondiscriminatory policies introduced during the 2020-21 school year as the “All-Comers Policy,” set a guideline for ASB clubs that student leaders must sign an agreement that all students who wish to join, participate or become a leader of a club, will be allowed to despite beliefs or other factors, according to court documents.
With the “All-Comers Policy,” FCA did not apply for district ASB recognition during the 2021-22 school year since the club’s guidelines did not fit under the new policy. FCA representatives did not respond to requests for comment by press time.
FCA filed for a preliminary injunction in July 2021 to reinstate them as an official club in the district, but was denied by the United States District Court for the Northern District in June 2022. However, the Ninth Circuit overturned the ruling with a 2-1 decision, granting the injunction to FCA. SJUSD and Pioneer was then required to let the club and the purity pledge return to campus. The Ninth Circuit argued that the policy and the district’s interpretation of it were selective, since clubs such as the South Asian Heritage Club and the Girls’ Circle Club had the district’s approval and were able to limit student memberships, although neither clubs actively discriminated against any students.
An appeal and a motion for a Ninth Circuit injunction were filed by the Christian Legal Society’s Center for Law and Religious Freedom, resulting in a three-judge panel in Aug. 2022. FCA was then able to apply for official club recognition due to an emergency ruling granted by the Ninth Circuit.
Later in the year, an “en banc” rehearing petition was filed by SJUSD so the entire Ninth Circuit could hear the case, instead of the three-judge panel. During the 2022-23 school year, FCA student representatives were present at Club Rush and the club resumed hosting events and welcoming speakers to campus.
The Ninth Circuit held the “en banc” hearing on March 23, where both sides made their arguments. Six months later, the Ninth Circuit sided with FCA, upholding the right for their club to meet and gather on campus.
“While we are disappointed in the court's decision, the San José Unified School District respects the judicial system and its essential role in our democracy. We are reviewing the court’s opinion, assessing options, and considering next steps,” said SJUSD Chief Business Officer Seth Reddy.
What remains to be seen is if this sets a precedent for religious freedom superseding the district’s nondiscrimination policies in other circumstances.
“The most important consideration will be how to continue to implement San José Unified’s long-standing policy against discrimination in district programs and activities. The case is still ongoing and therefore the District does not have any other comment at this time,” Reddy said.
In April 2019, Pioneer High School withdrew recognition of the FCA club after concerns were raised about the “purity pledge” that FCA student leaders were required to sign, affirming that marriage was only between a man and a woman. The pledge conflicted with the district's nondiscriminatory policies since some students were not able to become leaders if they did not sign the pledge.
In 2020, FCA and two former Pioneer students sued San José Unified for violating the Equal Access Act, not recognizing FCA as a club and no longer allowing them to hold meetings on campus.
A new version of the district’s nondiscriminatory policies introduced during the 2020-21 school year as the “All-Comers Policy,” set a guideline for ASB clubs that student leaders must sign an agreement that all students who wish to join, participate or become a leader of a club, will be allowed to despite beliefs or other factors, according to court documents.
With the “All-Comers Policy,” FCA did not apply for district ASB recognition during the 2021-22 school year since the club’s guidelines did not fit under the new policy. FCA representatives did not respond to requests for comment by press time.
FCA filed for a preliminary injunction in July 2021 to reinstate them as an official club in the district, but was denied by the United States District Court for the Northern District in June 2022. However, the Ninth Circuit overturned the ruling with a 2-1 decision, granting the injunction to FCA. SJUSD and Pioneer was then required to let the club and the purity pledge return to campus. The Ninth Circuit argued that the policy and the district’s interpretation of it were selective, since clubs such as the South Asian Heritage Club and the Girls’ Circle Club had the district’s approval and were able to limit student memberships, although neither clubs actively discriminated against any students.
An appeal and a motion for a Ninth Circuit injunction were filed by the Christian Legal Society’s Center for Law and Religious Freedom, resulting in a three-judge panel in Aug. 2022. FCA was then able to apply for official club recognition due to an emergency ruling granted by the Ninth Circuit.
Later in the year, an “en banc” rehearing petition was filed by SJUSD so the entire Ninth Circuit could hear the case, instead of the three-judge panel. During the 2022-23 school year, FCA student representatives were present at Club Rush and the club resumed hosting events and welcoming speakers to campus.
The Ninth Circuit held the “en banc” hearing on March 23, where both sides made their arguments. Six months later, the Ninth Circuit sided with FCA, upholding the right for their club to meet and gather on campus.
“While we are disappointed in the court's decision, the San José Unified School District respects the judicial system and its essential role in our democracy. We are reviewing the court’s opinion, assessing options, and considering next steps,” said SJUSD Chief Business Officer Seth Reddy.
What remains to be seen is if this sets a precedent for religious freedom superseding the district’s nondiscrimination policies in other circumstances.
“The most important consideration will be how to continue to implement San José Unified’s long-standing policy against discrimination in district programs and activities. The case is still ongoing and therefore the District does not have any other comment at this time,” Reddy said.