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Cert. Filed In Challenge To San Francisco's Resolution Criticizing Catholic Church's Adoption Stance

By Howard M. Friedman

A petition for certiorari (full text) was filed with the U.S. Supreme Court on Tuesday in Catholic League for Civil and Political Rights v. City and County of San Francisco. The case involves an Establishment Clause challenge to a Board of Supervisors resolution criticizing Cardinal Levada for directing Catholic Charities to end adoption placement in same-sex households. A majority of the 9th Circuit, en banc, dismissed the case on standing grounds. (See prior posting.) The petition urges the court to adopt a new Establishment Clause test for government religious speech-- allowing broader scope for government religious speech that "is reasonably related to our nation's history and traditions" than for government speech that is not. Thomas Moore Law Center issued a release announcing the filing of the cert. petition.

Full post as published by Religion Clause on February 18, 2011 (boomark / email).