A Christian student club accused of barring LGBTQ members from leadership positions is appealing a legal challenge to be officially reinstated at a California school district, but several judges rehearing the litigation en banc appeared skeptical of the school district’s arguments.

At issue is a move from the San Jose Unified School District taking away the Fellowship of Christian Athletes’ status as an official student group in 2020, contending that the group’s requirement that leaders disclaim same-sex marriage went against the district’s nondiscrimination policy. Two FCA student leaders at the school and FCA National filed a lawsuit arguing that the revocation violated the First Amendment’s protection of free exercise of religion.

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