The opinion found that the district failed to treat Fellowship of Christian Athletes “like comparable secular student groups whose membership was limited based on criteria including sex, race, ethnicity, and gender identity.” The opinion found that “the Constitution prohibits such a double standard.”
The appellate court ruling grants Fellowship of Christian Athletes temporary relief, which allows it to have equal access to the public schools while the litigation is settled. The ruling does not settle the constitutionality of the issue in the ongoing litigation but indicates that the Fellowship of Christian Athletes is likely to succeed in its claims against the district.
In a concurring opinion, Judge Danielle J. Forrest said that the district discriminated against Christians under the guise of fighting against discrimination.
“The height of irony is that the district excluded [the Fellowship of Christian Athletes] students from fully participating in the [Associated Student Body] program in the name of preventing discrimination to purportedly ensure that all students feel welcome,” the opinion read. “In doing so, the district selectively enforced its nondiscrimination policy to benefit viewpoints that it favors to the detriment of viewpoints that it disfavors.”
Rigo Lopez, the Fellowship of Christian Athletes leader for Bay Area schools, applauded the ruling in a statement.
“[Fellowship of Christian Athletes] is excited to be able to get back to serving our campuses,” Lopez said. “Our FCA teams have long enjoyed strong relationships with teachers and students in the past, and we are looking forward to that again.”