Christian student group argues for reinstatement

Because the Fellowship of Christian Athletes prohibits gay, lesbian or transgender students from serving as leaders, the San Jose Unified School District refuses to recognize it as an official student organization. On Tuesday, a lawyer for the group argued to a federal appeals court that the district is violating freedom of speech and religion.

While the district proclaims that it has an inclusive “all-comers” policy, “this is a some-comers policy that favors secular groups,” attorney Daniel Blomberg told a panel of the Ninth U.S. Circuit Court of Appeals at a hearing in Seattle. Under both the U.S. Constitution and federal law, he said, “you can’t discriminate based on the content of the speech.”

But Stacey Leyton, a lawyer for the school district, said it has not interfered with the fellowship’s right to express its views. To be officially recognized, however, “it must not exclude students from leadership or from membership” based on their sexual orientation, gender identity or other categories such as race and sex, she told the court. Official student organizations are listed in the school yearbook and can keep funds in a school bank account.

Leyton cited the Supreme Court’s 2010 ruling that said UC Hastings College of the Law in San Francisco did not have to provide funds to a Christian student group that excluded gays, lesbians and nonbelievers. That was a 5-4 decision that the current court, with a more conservative majority, might reconsider if it agrees to review the San Jose case.

The appeals court panel, selected by random draw, was relatively conservative — two of the three judges were appointed by former President Donald Trump — but gave few hints of their intentions during the onehour hearing.

Judge Danielle Forrest, a Trump appointee, suggested at one point that San Jose was treating the Fellowship of Christian Athletes unfairly because the school district had granted official recognition in the past to some clubs with non-inclusive policies, like mentorship groups for girls. Leyton replied that the school district’s current policies treat all organizations equally and that the mentor groups, and organizations serving students of color, have declared that they would be open to all.

Later, Forrest told Blomberg that the San Jose policy seemed similar to the non-discrimination rules the Supreme Court had upheld in 2010. Unlike the UC Hastings policy, the attorney replied, in San Jose “determining whether something is or is not discriminatory is left up to local officials” who have not applied uniform standards.

The Fellowship of Christian Athletes is a religious organization whose policies for its members include a “sexual purity statement,” declaring that “the biblical description of marriage is one man and one woman in a lifelong commitment.” The group says its “desire is to encourage individuals to trust in Jesus and turn away from any impure lifestyle.”

The fellowship had chapters of athletes at three San Jose high schools — Pioneer, Willow Glen and Leland — that were recognized as official student organizations until 2019, when the district implemented its current discrimination policy and withdrew recognition of all three. The chapters at Willow Glen and Leland have since disbanded, while Pioneer High has a student group that is seeking to restore its official recognition.

U.S. District Judge Haywood Gilliam of Oakland refused to order the group’s reinstatement in a ruling June 1, saying the school district is not suppressing speech or religion but is promoting a reasonable policy that encourages equal participation.

Blomberg asked the appeals court to overrule Gilliam, and also requested an interim ruling, by next Monday, that would immediately restore the high school chapter as an official organization while awaiting a final decision. The court did not indicate when it would rule.