UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FELLOWSHIP OF CHRISTIAN No. 22-15827 ATHLETES, an Oklahoma corporation; FELLOWSHIP OF D.C. No. CHRISTIAN ATHLETES OF 4:20-cv-02798- PIONEER HIGH SCHOOL, an HSG unincorporated association; CHARLOTTE KLARKE; ELIZABETH SINCLAIR, OPINION

Plaintiffs-Appellants,

v. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION; NANCY ALBARRAN, in her official and personal capacity; HERB ESPIRITU, in his official and personal capacity; PETER GLASSER, in his official and personal capacity; STEPHEN MCMAHON, in his official and personal capacity,

Defendants-Appellees. 2 FELLOWSHIP OF CHRISTIAN ATHLETES V. SAN JOSE USD

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted En Banc March 23, 2023 Pasadena, California

Filed September 13, 2023 Before: Mary H. Murguia, Chief Judge, and Consuelo M. Callahan, Milan D. Smith, Jr., Sandra S. Ikuta, Mark J. Bennet