AUSTIN – Texas Attorney General Ken Paxton joined a multistate coalition led by Montana in support of religious liberty in Fellowship of Christian Athletes v. San Jose Unified School District,
in the San Francisco-based U.S. Court of Appeals for the Ninth Circuit.
In this case, the Fellowship of Christian Athletes (FCA) allows all
students to attend meetings, but requires leadership to affirm
statements of faith, which includes traditional views on marriage. As a
result, in 2019, teachers started a campaign to push the group off
campus, leading the district to revoke FCA’s club status due to a
district-wide non-discrimination policy—a direct violation of both the
Free Exercise Clause and the Free Speech Clause.
laws can serve an admirable goal,” the brief states. “But government
officials often weaponize these non-discrimination laws to target
religious groups. In the school setting, these non-discrimination
laws—by their own terms—threaten to eliminate most affinity groups that
form to advance specific, unique interests. The fact that affinity
groups exist, though, indicates that these non-discrimination laws often
(and necessarily) apply inconsistently. That’s how these
nondiscrimination laws become, in fact, discriminatory—they permit
government officials to enforce them against groups those officials find
objectionable, like religious groups.”
Read the Amicus Brief here.