The 9th Circuit partially revived a lawsuit pitting a Seattle-area school district's non-discrimination policy against students' right to form a Bible club that requires members to declare their Christian faith.

A three-judge panel upheld in August 2007 Kentridge High School's decision to ban Truth, a proposed extracurricular club that required members to profess "a belief in the Bible and in Jesus Christ." These criteria inherently exclude non-Christians in violation of the non-discrimination policy, the judges concluded.

The court withdrew its opinion, replacing it with one that still allowed Kent School District to refuse to recognize discriminatory clubs, but took issue with waivers given to groups such as the Men's Honor Club and the Girl's Honor Club, which exclude members based on gender.

"There is no evidence in the record as to why these groups were allowed apparent waivers from the district's non-discrimination policy," Judge Wallace wrote. The court allowed the plaintiffs to proceed with their claim that the school chose to extend waivers to some student groups, but not theirs, based on religion or the religious content of their speech.