.- A full panel of judges on the Ninth Circuit Court of Appeals will hear oral arguments concerning the constitutionality of the San Francisco Board of Supervisorâs resolution attacking the Catholic Church for its opposition to the adoption of children by homosexuals.
The panel will review the earlier opinion of a three-judge Ninth Circuit panel that upheld the resolution.
Robert Muise, an attorney with the Thomas More Law Center, will argue on behalf of the plaintiffs, the Catholic League and two Catholic residents of San Francisco.
The Law Center in a statement charged that the resolution sounded âlike a Ku Klux Klan anti-Catholic diatribe.â
It refers to the Vatican as a âforeign countryâ interfering in the affairs of the city. It says the Churchâs teaching on homosexuality is âinsulting to all San Franciscans,â âhateful,â âinsulting and callous,â âdefamatoryâ and âinsensitive and ignorant.â
The Boardâs resolution refers to the Inquisition and urges the Archbishop of San Francisco and Catholic Charities of San Francisco to defy Church directives.
The resolution was unanimously adopted by the Board on March 21, 2006.
The lawsuit charges that the resolution violates the Establishment Clause of the Constitution on the grounds that it expresses government hostility toward the Catholic Church.
In the Thomas More Law Centerâs view, the âanti-Catholicâ resolution sends a clear message to the plaintiffs and other faithful Catholics that âthey are outsiders, not full members of the political community.â It also tells those who oppose Catholic beliefs that they are âinsidersâ and âfavored members of the political community.â