San Jose Unified School District Likely Discriminated Against Fellowship of Christian Athletes

Eugene Volokh
The Volokh Conspiracy, Reason Magazine

Excerpt: From Fellowship of Christian Athletes v. San Jose Unified School Dist., decided yesterday by the Ninth Circuit, in an opinion by Judge Kenneth Lee joined by Judge Danielle Forrest (it's on a preliminary injunction, so this is technically based on a finding of likelihood of success on the merits, but the panel majority seems pretty firm on the subject):

The School District engaged in selective enforcement of its own non-discrimination policy, penalizing FCA while looking the other way with other student groups. For example, the School District blessed student clubs whose constitutions limited membership based on gender identity or ethnicity, despite the school's policies barring such restricted membership.