9th Circuit rejects Catholic challenge to San Francisco resolution

Catholic League for Religious and Civil Rights v. San Francisco, No. 06-17328 (9th Cir. June 3, 2009):

Appellants, Catholic League for Religious and Civil Rights, Dr. Richard Sonnenshein, and Valerie Meehan (collectively, “Catholic League” or “the League”), appeal the dismissal of their civil rights action under 42 U.S.C. § 1983 for failure to state a claim. At issue is the constitutionality of a non-binding resolution adopted by the Board of Supervisors of the City and County of San Francisco (“the Board”) concerning the adoption of children by same-sex couples and the Catholic Church’s position against such adoptions. Catholic League argues that in adopting the resolution the Board expressed disapproval of the Catholic religion in violation of the First Amendment’s Establishment Clause. Because we conclude that the resolution passes constitutional scrutiny, we affirm.