The U.S. 9th Circuit Court of Appeals ruled Monday that the San Jose Unified School District must recognize a religious student group that excludes LGBTQ kids.
In spring 2019, a teacher at Pioneer High School in San Jose posted a message on his classroom whiteboard questioning a “Sexual Purity” statement that a club for Christian student athletes was requiring its leaders to sign.
Judge Kenneth Kiyul Lee, a Trump appointee, wrote for the appellate court that the case pitted “two competing values that we cherish as a nation: the principle of non-discrimination on the one hand, and the First Amendment’s protection of free exercise of religion and free speech on the other hand.
Lee’s opinion adds to that body of precedent, further protecting religious organizations’ right to freely exercise their religious beliefs, said Daniel Blomberg, an attorney for the club. The appellate court’s decision directs the district court to issue an order restoring the Fellowship of Christian Athletes’ recognition as an approved student club. It’s unclear whether the order will have broader implications, or if the school district will settle the lower court case in light of the appellate court’s decision that the club would probably prevail in its argument that the district had violated its 1st Amendment rights.
Lee quoted one teacher as calling the club’s beliefs “bulls—,” another describing evangelical Christians “as ‘charlatans’ who perpetuate ‘darkness’ and ‘ignorance,’” and another who “denigrated his own student as an ‘idiot’ for empathizing with FCA members who faced backlash from teachers and students.”
Christen had similarly tried to narrow the scope of the appellate court’s considerations during oral arguments this month, when she said the case presented “very compelling and important issues” — but for the lower court, not the appellate court.
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