9th Cir. holds 2-1 Fellowship of Christian Athletes school group likely to prevail on its challenge

[mahatmakanejeeves]

IrreparablyCompromisedHat Retweeted

9th Cir., 2-1, holds Fellowship of Christian Athletes school group likely to prevail on its free exercise challenge to school district that excluded the group from status as an official student club.

Directs district court to grant prelim. injunction.
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/29/22-15827.pdf

School claimed FCA was only group that had discriminatory membership or leadership requirements—pointing to the group's disapproval of sex outside of straight marriage. Maj. op. points to school-approved women-only and "Asian-prioritized" groups to conclude that's not true.

Link to tweet

Judge Lee, concurring, would go further and find an additional free exercise violation under Masterpiece Cakeshop since the record is replete with animus directed at Christians by teachers and staff.

Link to tweet

[J_William_Ryan]

1. Better for the District to eliminate student clubs altogether

rather than to be forced to tolerate rightwing Christo-fascist racism, bigotry, and hate.

[Girard442]

2. I believe they have that wrong.

The text of 1A:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

1A specifically states that government can discriminate against religion. There is no doctrine of separation of food and state, or separation of banking and state, or even separation of anal sex and state. Religion is singled out as something that government can't get entangled with. What this means is that when government is handing out goodies, it's specifically prohibited from handing out goodies to religious institutions -- but not prohibited from handing out goodies to, say, The Anal Sex Club. Free Astroglide!

[walkingman]

3. Christian Nationalism is America's greatest threat.