FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; Fellowship of Christian Athletes of Pioneer High School, an unincorporated association; Charlotte Klarke; Elizabeth Sinclair, 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.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc March 23, 2023 Pasadena, California.
Christopher E. Mills , Spero Law LLC, Mount Pleasant, South Carolina, for Amici Curiae Campus Crusade for Christ Inc., InterVarsity Christian Fellowship/USA, Young Life, Ratio Christi, and The Navigators.
Bradley J. Lingo , J. Alex Touchet , Robertson Center for Constitutional Law, Regent University School of Law, Virginia Beach, Virginia; Michael G. Schietzelt Jr. , Wake Forest, North Carolina; for Amicus Curiae Robertson Center for Constitutional Law.
Eduardo E. Santacana , Willkie Farr & Gallagher LLP, San Francisco, California; Kathryn Joseph , Director of Policy & Advocacy, Interfaith Alliance Foundation, Washington, D.C.; for Amicus Curiae Interfaith Alliance Foundation.
Cynthia F. Crawford and Casey Mattox , Americans for Prosperity Foundation, Arlington, Virginia, for Amicus Curiae Americans for Prosperity Foundation and Professor Luke C. Sheahan.
Howard Slugh , Jewish Coalition for Religious Liberty, Washington, D.C., for Amicus Curiae Jewish Coalition for Religious Liberty.
Ronald G. London , Foundation for Individual Rights and Expression, Washington, D.C.; Abigail E. Smith , Foundation for Individual Rights and Expression, Philadelphia, Pennsylvania; for Amicus Curiae Foundation for Individual Rights and Expression.
Joseph R. Rose , Gibson Dunn & Crutcher LLP, San Francisco, California; Jun Nam , Gibson Dunn & Crutcher LLP, Palo Alto, California; Blaine H. Evanson , Gibson Dunn & Crutcher LLP, Irvine, California; for Amici Curiae Cardinal Newman Society and Christian Medical & Dental Associations.
Anti-discrimination laws undeniably serve valuable interests rooted in equality, justice, and fairness. And in a pluralistic society, these laws foster worthy goals such as inclusion and belonging. The Constitution also protects the right for minorities and majorities alike to hold certain views and to...
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