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Catholic League for Religious & Civil Rights v. San Francisco, No. 06-17328

By FindLaw Staff on October 25, 2010 3:13 PM

Challenge to Resolution Denouncing Catholic Church

In Catholic League for Religious & Civil Rights v. San Francisco, No. 06-17328, an action by Catholics and a Catholic advocacy group against San Francisco on account of an official resolution denouncing their church and doctrines of their religion, the court affirmed the dismissal of the action where 1) adherents to a religion have standing to challenge an official condemnation by their government of their religious views, and official urging by their government that their local religious representative defy their church; but 2) the district court correctly dismissed the plaintiffs' lawsuit because duly-elected government officials had the right to speak out in their official capacities on matters of secular concern to their constituents.

As the court wrote:  "We address whether Catholics and a Catholic advocacy group in San Francisco may sue the City on account of an official resolution denouncing their church and doctrines of their religion. They may."

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