Source:
San Francisco Chronicle(10-22) 15:27 PDT SAN FRANCISCO -- A splintered federal appeals court rejected a lawsuit Friday by Catholics who objected when San Francisco supervisors condemned the Vatican for prohibiting Catholic Charities from placing adoptive children with gay and lesbian couples.
The Ninth U.S. Circuit Court of Appeals in San Francisco denied requests by a Catholic organization and two local residents to order the city to repeal the supervisors' 2006 resolution.
But the 8-3 ruling failed to decide whether the city had expressed official hostility toward Catholicism, in violation of the constitutional separation of church and state.
The supervisors' resolution denounced a decree by Cardinal William Levada, the former San Francisco archbishop who now heads the church's Congregation for the Doctrine of the Faith. Levada said allowing gay or lesbian couples to adopt children "would actually mean doing violence to these children."
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Judge Andrew Kleinfeld, joined by Judges Sandra Ikuta and Jay Bybee, said the resolution was anti-Catholic, portrayed the church as a "hateful foreign meddler in San Francisco's affairs," and entangled the city in "church governance" by urging the local archbishop to defy the Vatican.
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/10/22/BAA51G0OFS.DTL