District Sued Over Religious Club's Status
After being removed from Pioneer's official clubs, the Fellowship of Christian Athletes is suing the district and staff.
By Ethan Percival
After being removed from Pioneer's official clubs, the Fellowship of Christian Athletes is suing the district and staff.
By Ethan Percival
Campus protests were sparked last year after students found out about the Fellowship of Christian Athletes’ “Statement of Faith and a Sexual Purity Statement,” found on the Student Leader Application signed by students reading “We believe God’s design for sexual intimacy is to be expressed only within the context of marriage. God instituted marriage between one man and one woman as the foundation of the family and the basic structure of human society. For this reason, we believe that marriage is exclusively the union of one man and one woman.”
On Jan. 28, 2021, United States District Judge Lucy H. Koh ruled that FCA could proceed with its discrimination claims against Superintendent Nancy Albarrán, Principal Herbert Espiritu and U.S. History teacher Peter Glasser in their personal capacities. The court did allow, however, the dismissal of claims against them in their official district capacities, and upheld the validity of the district’s nondiscrimination policies. |
When asked about the purity statement, GSA co-president Tiana Tran, 11, said, “It is a problem on campus because it is clearly excluding groups of people on campus. Especially LGBTQIA+ people who are also Christian. I don't believe that whatever ‘the scripture says’ should stop people on campus from being involved in clubs. Leaders or board members of any club shouldn't fit a mold. A great leader shouldn't be judged on their identity, but their character and how they are able to bring people together to work towards something great.”
In April of 2019, US history teacher Peter Glasser posted the statement on his classroom whiteboard and wrote under it “I am deeply saddened that a club on Pioneer’s campus asks its members to affirm these statements. How do you feel?”
“It's really problematic because gender and sexuality is not something you can control,” said GSA co-president Nicole Espinoza, 11. “It makes me really uncomfortable since it is implied that being LBGTQ is bad since it is not allowed in the purity statement. We are ‘impure’. I have been out long enough I am used to blatant discrimination but I know that if I had heard of a ‘purity statement’ when I was younger, I would have suppressed who I was out of fear and would hate who I was.”
Despite facing criticism about the statement, FCA co-president Lauren Wagener, 12, feels that the club is still an inclusive environment geared towards allowing students to express their faith in a group setting.
“We welcome everyone to join our meetings to learn more about God’s love for each of us,” said Wagener. “Anyone who agrees with FCA’s religious beliefs is eligible for leadership.”
After outcry from members of the Pioneer community over the purity statement, that many believe violates the San Jose Unified School District’s discrimination policy, SJUSD officials and the Climate Committee decided to revoke the FCA’s club status, but members would still be allowed to participate in Club Rush, gather as students, hold rallies, and represent their club, without an ASB account.
The FCA participated in Pioneer’s virtual club rush event this year, and are listed under the “Clubs 20-21” document for Pioneer. Pioneer administration would not comment on the circumstances that led to the club’s inclusion in Club Rush this year.
SJUSD’s discrimination policy states that, “San José Unified School District prohibits discrimination, harassment, intimidation or bullying on the basis of age, sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, marital, parental or family status, color, mental or physical disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in its educational programs and activities or employment practices...”
The statement remained on Glasser’s whiteboard for a week, during which Reed Smith, Director of Litigation for Center for Law and Religious Freedom said students involved with the club were unfairly characterized as discriminatory. The Center for Law and Religious Freedom is representing two unnamed plaintiffs against the defendants.
“Mr. Glasser’s display not only disparaged some of his students’ religious beliefs, but also mischaracterized the standards for student FCA groups, which do not have membership requirements, but instead welcome all students to participate in meetings, as long as they are not disruptive” said the Center for Religious Freedom, in a letter to San Jose Unified School District Superintendent Nancy Albarrán on Jan. 14, 2020.
Referencing the protests outside the PAC building during an FCA meeting on Dec. 4, 2019, Smith maintained that FCA members had the right to conduct meetings on campus during school hours with the full cooperation of students and staff.
“The District has refused to prevent students and even faculty from harassing students participating in FCA meetings” said Smith, in the same letter.
On the day in question, as covered in the Pony Express, protesting students attempting to enter the meeting were stopped by on-duty police officer Rick Granado allegedly wearing an FCA wristband, who along with Principal Espiritu thought that letting the protestors into the meeting would interfere with the FCA’s right to assemble.
On Sep. 8, 2018, Smith filed “Response to Defendant’s Motion to Dismiss” with the Northern District of California court. The response details that by revoking FCA’s official club status, SJUSD has violated the Equal Access Act.
The Equal Access Act requires any public school to provide equal access for students to meet in facilities during non-instructional time and makes it unlawful to discriminate against students who wish to conduct a meeting on the basis of religion. The EAA states that students are allowed to conduct meetings, as long as “the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.” In addition, student meetings do not qualify for the EAA if they “require any person to participate in prayer or other religious activity,” or if they “abridge the constitutional rights of any person.”
However, the FCA has argued that they did not intend any harm with the statement all leaders must sign, and feel that their club should be reinstated as it was before.
“Despite how they were treated, the FCA students wish no harm and only want what they are entitled to under federal law, including recognition by the school district” said Smith.
However, the FCA is seeking compensation for the members involved in the suit, but the amount of money is still unknown at this time.
“The District must...compensate our clients for the reasonable time their attorneys have spent protecting their rights in this matter” said Smith, concluding his letter.
The students of the school’s Gender-Sexuality Alliance were pivotal in organizing protests against FCA meetings, as the Sexual Purity Statement was viewed as discriminatory against the LGBTQ+ community.
“It makes me feel extremely unsafe and disappointed,” said Espinoza. “Knowing that there are people on this campus in an official club who are against my community makes me feel uncomfortable and that my safety means less. After protesting last year against the club's meetings, to now have them be reinstated as a club makes me feel like my voice does not matter.”
In April of 2019, US history teacher Peter Glasser posted the statement on his classroom whiteboard and wrote under it “I am deeply saddened that a club on Pioneer’s campus asks its members to affirm these statements. How do you feel?”
“It's really problematic because gender and sexuality is not something you can control,” said GSA co-president Nicole Espinoza, 11. “It makes me really uncomfortable since it is implied that being LBGTQ is bad since it is not allowed in the purity statement. We are ‘impure’. I have been out long enough I am used to blatant discrimination but I know that if I had heard of a ‘purity statement’ when I was younger, I would have suppressed who I was out of fear and would hate who I was.”
Despite facing criticism about the statement, FCA co-president Lauren Wagener, 12, feels that the club is still an inclusive environment geared towards allowing students to express their faith in a group setting.
“We welcome everyone to join our meetings to learn more about God’s love for each of us,” said Wagener. “Anyone who agrees with FCA’s religious beliefs is eligible for leadership.”
After outcry from members of the Pioneer community over the purity statement, that many believe violates the San Jose Unified School District’s discrimination policy, SJUSD officials and the Climate Committee decided to revoke the FCA’s club status, but members would still be allowed to participate in Club Rush, gather as students, hold rallies, and represent their club, without an ASB account.
The FCA participated in Pioneer’s virtual club rush event this year, and are listed under the “Clubs 20-21” document for Pioneer. Pioneer administration would not comment on the circumstances that led to the club’s inclusion in Club Rush this year.
SJUSD’s discrimination policy states that, “San José Unified School District prohibits discrimination, harassment, intimidation or bullying on the basis of age, sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, marital, parental or family status, color, mental or physical disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in its educational programs and activities or employment practices...”
The statement remained on Glasser’s whiteboard for a week, during which Reed Smith, Director of Litigation for Center for Law and Religious Freedom said students involved with the club were unfairly characterized as discriminatory. The Center for Law and Religious Freedom is representing two unnamed plaintiffs against the defendants.
“Mr. Glasser’s display not only disparaged some of his students’ religious beliefs, but also mischaracterized the standards for student FCA groups, which do not have membership requirements, but instead welcome all students to participate in meetings, as long as they are not disruptive” said the Center for Religious Freedom, in a letter to San Jose Unified School District Superintendent Nancy Albarrán on Jan. 14, 2020.
Referencing the protests outside the PAC building during an FCA meeting on Dec. 4, 2019, Smith maintained that FCA members had the right to conduct meetings on campus during school hours with the full cooperation of students and staff.
“The District has refused to prevent students and even faculty from harassing students participating in FCA meetings” said Smith, in the same letter.
On the day in question, as covered in the Pony Express, protesting students attempting to enter the meeting were stopped by on-duty police officer Rick Granado allegedly wearing an FCA wristband, who along with Principal Espiritu thought that letting the protestors into the meeting would interfere with the FCA’s right to assemble.
On Sep. 8, 2018, Smith filed “Response to Defendant’s Motion to Dismiss” with the Northern District of California court. The response details that by revoking FCA’s official club status, SJUSD has violated the Equal Access Act.
The Equal Access Act requires any public school to provide equal access for students to meet in facilities during non-instructional time and makes it unlawful to discriminate against students who wish to conduct a meeting on the basis of religion. The EAA states that students are allowed to conduct meetings, as long as “the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.” In addition, student meetings do not qualify for the EAA if they “require any person to participate in prayer or other religious activity,” or if they “abridge the constitutional rights of any person.”
However, the FCA has argued that they did not intend any harm with the statement all leaders must sign, and feel that their club should be reinstated as it was before.
“Despite how they were treated, the FCA students wish no harm and only want what they are entitled to under federal law, including recognition by the school district” said Smith.
However, the FCA is seeking compensation for the members involved in the suit, but the amount of money is still unknown at this time.
“The District must...compensate our clients for the reasonable time their attorneys have spent protecting their rights in this matter” said Smith, concluding his letter.
The students of the school’s Gender-Sexuality Alliance were pivotal in organizing protests against FCA meetings, as the Sexual Purity Statement was viewed as discriminatory against the LGBTQ+ community.
“It makes me feel extremely unsafe and disappointed,” said Espinoza. “Knowing that there are people on this campus in an official club who are against my community makes me feel uncomfortable and that my safety means less. After protesting last year against the club's meetings, to now have them be reinstated as a club makes me feel like my voice does not matter.”