Doe v. San Jose Unified School District Board

Background

Elizabeth Sinclair, Charlotte Klarke, Fellowship of Christian Athletes (FCA), and Fellowship of Christian Athletes of Pioneer High School (Pioneer FCA) brought the case. FCA is identified as an Oklahoma corporation, and Pioneer FCA as an unincorporated association. The plaintiffs alleged federal constitutional and statutory violations concerning FCA-affiliated student groups. The District Board was originally named as a defendant but was dismissed from the case.

The plaintiffs sought a preliminary injunction. The district court initially denied that request, but the Ninth Circuit later issued decisions affecting the injunction. The order states that the Ninth Circuit ultimately reversed the denial of a preliminary injunction and directed the district court to reinstate FCA’s recognition as an Associated Student Body-approved club.

Consent Judgment and Merits

The parties agreed to resolve all issues raised in the complaint through a consent judgment, a separate settlement agreement and release, and a permanent injunction. They waived a hearing and findings of fact and conclusions of law on all issues not addressed by the Ninth Circuit’s en banc decision.

The order states that, in light of the Ninth Circuit’s decision, Plaintiffs demonstrated success on the merits of their First Amendment free-exercise and free-speech claims and their Equal Access Act claim. The parties agreed that judgment should be entered in Plaintiffs’ favor on Counts I, II, III, IV, V, and VIII, and that Plaintiffs were prevailing parties.

Permanent Injunction

For the 2023–24 school year, Nancy Albarran, in her official capacity as Superintendent, and her successors, agents, and those acting in concert with her—including the District Board—were required to recognize all FCA-affiliated student groups in the District, including Pioneer FCA, as officially recognized student groups. The groups were also to receive the rights, benefits, and privileges otherwise provided to other noncurriculum-related student groups at their school sites.

For the 2023–24 school year and every future school year, the District and covered personnel were prohibited from denying an FCA group recognition or related benefits because its leaders must agree with and follow FCA religious beliefs, including beliefs concerning human sexuality or marriage. They were also prohibited from imposing rules that penalize those leadership requirements or that do not apply equally to other noncurriculum-related student groups.

The judgment defines “noncurriculum-related student group” by reference to the Equal Access Act and its interpretation in Board of Education v. Mergens. For this judgment, the definition excludes certain officially representative or District-run activities, including school football teams, school plays, and programs led and supervised by District employees or contractors that students did not initiate or run.

Disposition

The court approved the agreement without modification and made the permanent injunction effective immediately. Plaintiffs’ notice of voluntary dismissal with prejudice covered Counts VI, VII, and the additional counts identified in the order as “[X-XII,” all claims against the defendants in their individual capacities, and all claims against McMahon, Espiritu, and Glasser; those claims were dismissed. The order also states that claims against Albarran in her individual capacity were dismissed with prejudice.

The court entered judgment in Plaintiffs’ favor on the specified counts, declared Plaintiffs the prevailing parties, and awarded them reasonable attorneys’ fees and costs, with the amount resolved by the separate settlement agreement. The court retained jurisdiction to implement and enforce the judgment and to address disputes arising from the settlement agreement.