FCA Returns to Pioneer's Campus as an Official Club
After a long legal battle, the Ninth Circuit Court of Appeals sided with the Fellowship of Christian Athletes.
By Sydney Teves
After a long legal battle, the Ninth Circuit Court of Appeals sided with the Fellowship of Christian Athletes.
By Sydney Teves
In 2019, Pioneer High School withdrew the Fellowship of Christian Athletes’ club recognition on campus. This was decided after they had violated the school’s nondiscrimination policies by requiring student leaders to sign a “purity pledge” that states that marriage may only be between one man and one woman.
Two former Pioneer students, Elizabeth Sinclair and Charlotte Klarke, sued SJUSD in April 2020 for an infringement of their rights.
In the 2020-21 school year, SJUSD clarified their nondiscrimination policy to include “All- Comers Policy” saying that student clubs on campus have to “allow any currently enrolled student of the school to participate in, become a member of, and seek or hold leadership positions in the organization, regardless of his or her status or beliefs.”
In a motion filed in June, the United States District Court for the Northern District
of California denied FCA’s request for an injunction to force the district to reinstate the club, but on Aug. 29, the Ninth Circuit Court of Appeals, in a 2-1 decision, overturned that ruling and granted the injunction, meaning SJUSD and Pioneer are required to allow the club and its purity pledge to return.
The Ninth Circuit said that SJUSD selectively enforced their nondiscrimination policy since they approved gender-based groups like Girls’ Circle, Girls Who Code and Leland’s Senior Women Club that only allowed female- identifying students to become members.
This was one of the main arguments for reinstating the FCA as a club as outlined in the opinion by 2019 Donald Trump-appointee Judge Kenneth K. Lee.
“The School District engaged in selective enforcement of its own non-discrimination policy, penalizing FCA while looking the other
way with other student groups. For example,
the School District blessed student clubs whose constitutions limited membership based on gender identity or ethnicity, despite the school’s policies barring such restricted membership. The government cannot set double standards to the detriment of religious groups only,” said Lee.
However, in the dissent by 2012 Barack Obama-appointee Judge Morgan Christen, it was pointed out that in the Girls Who Code club’s constitution, it says that they do “not restrict membership or leadership based on gender,” and any students who wanted to join could. According to the dissent, the club was cofounded by a male student who acted as co-president. As for Girls’ Circle, the group “is
a separate Pioneer counseling program and is not a student club, is not ASB approved, and has no ASB account.” Therefore, neither of these groups are comparable to the FCA.
Rigoberto Lopez, Metro Director for FCA in the Bay Area, would not comment on what
the FCA would be doing with their new club recognition, any plans for fundraising or events or what the club would use district resources for, instead only saying that “FCA clubs will get a chance to be treated equally like other clubs.”
The district filed a petition for rehearing "en banc" on Oct. 3. An "en banc" hearing means it will take place in front of all the sitting judges on the court. Once the decision is made by the federal district court, a deadline will be set for SJUSD and FCA to file motions for summary judgment and either a summary judgment ruling or a trial will conclude the case.
“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 will determine next steps as soon as possible. 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.”
Two former Pioneer students, Elizabeth Sinclair and Charlotte Klarke, sued SJUSD in April 2020 for an infringement of their rights.
In the 2020-21 school year, SJUSD clarified their nondiscrimination policy to include “All- Comers Policy” saying that student clubs on campus have to “allow any currently enrolled student of the school to participate in, become a member of, and seek or hold leadership positions in the organization, regardless of his or her status or beliefs.”
In a motion filed in June, the United States District Court for the Northern District
of California denied FCA’s request for an injunction to force the district to reinstate the club, but on Aug. 29, the Ninth Circuit Court of Appeals, in a 2-1 decision, overturned that ruling and granted the injunction, meaning SJUSD and Pioneer are required to allow the club and its purity pledge to return.
The Ninth Circuit said that SJUSD selectively enforced their nondiscrimination policy since they approved gender-based groups like Girls’ Circle, Girls Who Code and Leland’s Senior Women Club that only allowed female- identifying students to become members.
This was one of the main arguments for reinstating the FCA as a club as outlined in the opinion by 2019 Donald Trump-appointee Judge Kenneth K. Lee.
“The School District engaged in selective enforcement of its own non-discrimination policy, penalizing FCA while looking the other
way with other student groups. For example,
the School District blessed student clubs whose constitutions limited membership based on gender identity or ethnicity, despite the school’s policies barring such restricted membership. The government cannot set double standards to the detriment of religious groups only,” said Lee.
However, in the dissent by 2012 Barack Obama-appointee Judge Morgan Christen, it was pointed out that in the Girls Who Code club’s constitution, it says that they do “not restrict membership or leadership based on gender,” and any students who wanted to join could. According to the dissent, the club was cofounded by a male student who acted as co-president. As for Girls’ Circle, the group “is
a separate Pioneer counseling program and is not a student club, is not ASB approved, and has no ASB account.” Therefore, neither of these groups are comparable to the FCA.
Rigoberto Lopez, Metro Director for FCA in the Bay Area, would not comment on what
the FCA would be doing with their new club recognition, any plans for fundraising or events or what the club would use district resources for, instead only saying that “FCA clubs will get a chance to be treated equally like other clubs.”
The district filed a petition for rehearing "en banc" on Oct. 3. An "en banc" hearing means it will take place in front of all the sitting judges on the court. Once the decision is made by the federal district court, a deadline will be set for SJUSD and FCA to file motions for summary judgment and either a summary judgment ruling or a trial will conclude the case.
“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 will determine next steps as soon as possible. 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.”