Court: United States Court of Appeals for the Ninth Circuit, No. 22-15827
Case status: Resolved in favor of the Fellowship of Christian Athletes
Center involvement: Amicus Curiae
Date of filing: February 22, 2023

San José Unified School District stripped the Fellowship of Christian Athletes of its status as a fully recognized student organization at three high schools in the district.  It did so because FCA requires its student leaders to affirm a Statement of Faith, signaling their agreement with core tenets of the organization’s faith.  The Robertson Center’s brief explains how the School District’s decision violates the First Amendment and the Equal Access Act, a statute aimed at eliminating religious discrimination against student organizations in public high schools.

The Ninth Circuit panel ruled in favor of Fellowship of Christian Athletes in August 2022.  But when the School District asked the Ninth Circuit to reconsider its decision, the Ninth Circuit agreed to rehear the case.  The Robertson Center filed a second brief before the en banc Ninth Circuit to reiterate its First Amendment and Equal Access Act arguments and to clarify aspects of the Equal Access Act that the lower court and the School District got wrong.

On September 13, 2023, the U.S. Court of Appeals for the Ninth Circuit issued an opinion that handed a significant victory to FCA.

Court Filings:
Link to Brief of the Robertson Center for Constitutional Law as Amicus Curiae in Support of Plaintiffs-Appellants’ Motion for an Injunction Pending Appeal
Link to Brief of the Robertson Center for Constitutional Law as Amicus Curiae on Rehearing En Banc in Support of Appellants