Tuesday, November 2, 2010

Catholic League v. City/Co./San Francisco, 624 F.3d 1043 (9th Cir. ( 2010)

Here is a Resolution passed, but not enacted, by the San Francisco Board of Supervisors:
WHEREAS, It is an insult to all San Franciscans when a foreign country, like the Vatican, meddles with and attempts to negatively influence this great City's existing and established customs and traditions such as the right of same-sex couples to adopt and care for children in need; and
WHEREAS, The statements of Cardinal Levada and the Vatican that Catholic agencies should not place children for adoption in homosexual households, and Allowing children to be adopted by persons living in such unions would actually mean doing violence to these children are absolutely unacceptable to the citizenry of San Francisco; and
WHEREAS, Such hateful and discriminatory rhetoric is both insulting and callous, and shows a level of insensitivity and ignorance which has seldom been encountered by this Board of Supervisors; and
WHEREAS, Same-sex couples are just as qualified to be parents as are heterosexual couples; and
WHEREAS, Cardinal Levada is a decidedly unqualified representative of his former home city, and of the people of San Francisco and the values they hold dear; and
WHEREAS, The Board of Supervisors urges Archbishop Niederauer and the Catholic Charities of the Archdiocese of San Francisco to defy all discriminatory directives of Cardinal Levada; now, therefore, be it
RESOLVED, That the Board of Supervisors urges Cardinal William Levada, in his capacity as head of the Congregation for the Doctrine of the Faith at the Vatican (formerly known as Holy Office of the Inquisition), to withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households.
The Court: "Plaintiffs sued the City, claiming that this official government resolution violates the Establishment Clause. The district court dismissed their lawsuit for failure to state a claim upon which relief could be granted, and we initially affirmed." On rehearing en banc, in a split decision, the Ninth Circuit affirmed the District Court.

The Ninth Circuit decision cites innumerable cases on First Amendment Establishment Clause cases and ultimately concludes the plaintiffs lack "standing" and cannot prevail on the merits. If the Board of Supervisors had  submitted a Resolution  to any other group  in this callous and vicious language would the result be the same?

That the City & County of San Francisco expended taxpayer money to defend this attack on the Catholic Church is itself indefensible. But the underlying issue is this: Homosexual and lesbian groups repeatedly urge Californians to exercise "tolerance." This Resolution is an example of the City and County's understanding of "tolerance."

The City & County of San Francisco also enacted another ordinance mandatorily imposing racial and gender preference on those bidding on public contracts; Coral Construction, Inc., v. City & County of San Francisco.   The California Supreme Court rejected this ordinance in a 6-1 opinion.

Here is another example of San Francisco "tolerance": Bologna v. City  & Co. of San Francisco, 2011 WL 28629 (Cal.App.). 
While stopped in traffic, an illegal alien shot and killed three men sitting in another car.  Estates of the deceased men sued the City and Co. based upon its "sanctuary policy" established by the City.  Under this policy, the City & Co. do not report information to Immigration and Customs Enforcement (ICE) if aliens are arrested locally. A federal statute mandates all governmental entities to share information with ICE for arrests or convictions of illegal aliens; 8 U.S.C. 1373. Plaintiffs alleged the failure of police to report an alien previously arrested enabled him to maintain his freedom and kill the three men.

The Court of Appeal for the First District (San Francisco) unsurprisingly held the only relevant state statutes imposing liability on public officials inapplicable to the allegations in the Complaint.

No comments:

Post a Comment