Full Ninth Circuit Court to Hear SJUSD Christian Club Case
Previous three-judge decision, that granted club’s right to meet, vacated by western United States’ appeals court.
By Sydney Teves
Previous three-judge decision, that granted club’s right to meet, vacated by western United States’ appeals court.
By Sydney Teves
The most recent development in the Fellowship of Christian Athletes v. San Jose Unified School District case comes three months after SJUSD filed a petition requesting the case to be reheard by the full Ninth Circuit Court of Appeals, the federal court that oversees the western United States.
In 2019, the Fellowship of Christian Athletes’ club recognition was withdrawn by Pioneer after their “sexual purity statement,” which barred some students from serving in leadership roles, was brought to the school’s attention. In April 2020, two students sued SJUSD for violating the Equal Access Act since they allowed other clubs to continue while FCA could not.
In July 2021, FCA filed for a preliminary injunction that would allow for them to be recognized as a club again, with one of their main arguments being, “If a school provides a slate of benefits to ASB-approved student clubs, but denies those same benefits to religious student groups, it has violated the EAA.” That injunction was denied in June 2022.
The Christian Legal Society’s Center for Law & Religious Freedom filed an appeal and a motion for an injunction with the Ninth Circuit, which resulted in the three-judge panel, in August 2022, issuing an emergency ruling that allowed FCA to re-apply for official club recognition. Two months later, SJUSD filed a petition for an “en banc” rehearing, where the entire Ninth Circuit hears the case instead of only a three-judge panel.
On January 18, 2023, the Ninth Circuit ordered the case to be reheard en banc and the three-judge panel opinion was vacated.
“The San José Unified School District respects the judicial system and its essential role in our democracy. We are pleased that the Ninth Circuit has decided to rehear this case. Our position has been consistent that officially recognized student clubs may not discriminate against student members or leaders, and that our long-standing policy against discrimination in district programs and activities is fully consistent with the U.S. Constitution. We look forward to being able to make the case to the en banc court," said the district in a general statement.
Because the now-vacated opinion is what allowed FCA to have official club recognition on campus, students and staff have questioned the club’s official status but neither FCA nor SJUSD representatives would respond to requests for comment on that issue. Six days before the court granted the en banc hearing, student representatives for FCA were present at Club Rush on Jan. 12.
In 2019, the Fellowship of Christian Athletes’ club recognition was withdrawn by Pioneer after their “sexual purity statement,” which barred some students from serving in leadership roles, was brought to the school’s attention. In April 2020, two students sued SJUSD for violating the Equal Access Act since they allowed other clubs to continue while FCA could not.
In July 2021, FCA filed for a preliminary injunction that would allow for them to be recognized as a club again, with one of their main arguments being, “If a school provides a slate of benefits to ASB-approved student clubs, but denies those same benefits to religious student groups, it has violated the EAA.” That injunction was denied in June 2022.
The Christian Legal Society’s Center for Law & Religious Freedom filed an appeal and a motion for an injunction with the Ninth Circuit, which resulted in the three-judge panel, in August 2022, issuing an emergency ruling that allowed FCA to re-apply for official club recognition. Two months later, SJUSD filed a petition for an “en banc” rehearing, where the entire Ninth Circuit hears the case instead of only a three-judge panel.
On January 18, 2023, the Ninth Circuit ordered the case to be reheard en banc and the three-judge panel opinion was vacated.
“The San José Unified School District respects the judicial system and its essential role in our democracy. We are pleased that the Ninth Circuit has decided to rehear this case. Our position has been consistent that officially recognized student clubs may not discriminate against student members or leaders, and that our long-standing policy against discrimination in district programs and activities is fully consistent with the U.S. Constitution. We look forward to being able to make the case to the en banc court," said the district in a general statement.
Because the now-vacated opinion is what allowed FCA to have official club recognition on campus, students and staff have questioned the club’s official status but neither FCA nor SJUSD representatives would respond to requests for comment on that issue. Six days before the court granted the en banc hearing, student representatives for FCA were present at Club Rush on Jan. 12.