Catholic League v. City and County of San Francisco Goes En Banc

Establishment Clause cases bore me because the stakes are so low.   Early Christians died for their religion.  Today's religious people file lawsuits when someone sneezes at them.  Atheists cry when someone mentions God or gods or G-d. It's all very silly.  You'd think there wasn't real suffering in the world.

In any event, the Ninth Circuit Court of Appeals has agreed to rehear Catholic League v. City and County of San Francisco en banc.  The original panel opinion is here:

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.
In Catholic League, San Francisco basically said, "Stop discriminating against gays."    The Catholics, naturally, filed a lawsuit.  You think I'm joking?  Here's the Resolution's introduction:
Resolution urging Cardinal William Levada, in his capacity as head of the Congregation for the Doctrine of the Faith at the Vatican, 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.
One should say to himself, "Life is good when your biggest problem is that someone hurt your feelings."  Yet in our culture of narcissism, hurt feelings are the basis for a lawsuit.

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