United States Ninth Circuit

In an action alleging constitutional violations brought against a school district and other defendants arising from plaintiff's attempt to form a student Bible study club at a high school, summary judgment for defendants is affirmed where the denial of the group's charter was permissible because the group's general membership restrictions violate defendant-district's non-discrimination policies and are not protected by either the Equal Access Act or the First Amendment.

Appellate Information

• Argued 07/27/2006
• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before:  J. CLIFFORD WALLACE, KIM McLANE WARDLAW, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nathan W. Kellum, Alliance Defense Fund, Memphis, TN, for the plaintiffs-appellants., Jane M. Whicher, Port Townsend, WA, for amicus American Civil Liberties Union., Sara J. Rose, Washington, DC, for amicus Americans United for Separation of Church and State., David F. McDowell, Los Angeles, CA, for amicus Anti-Defamation League.


• For Appellees:
  
• Michael B. Tierney, Mercer Island, WA, for the defendants-appellees.