SAN FRANCISCO FAMILY LAW BLOG

After the Cardinal William Levada instructed the Archdiocese and Catholic Charities of San Francisco to refuse to place adopted children in the homes of same-sex couples, the city of San Francisco responded with a scathing resolution against the church for these discriminatory practices. The resolution refereed to the Vatican as a foreign country that was attempting to meddle in the affairs of San Francisco and said the Catholic Church’s beliefs on homosexuality are “insulting to all San Francisians,” “hateful,” “defamatory,” “unacceptable” and “insensitive and ignorant.” The resolutions also urged Archbishop George Neiderauer and the Catholic Charities of San Francisco to defy the Vatican’s orders when it came to same-sex couples.

Now the Catholic Church has brought the issue before a federal appeals court, claiming the city unconstitutionally attacked the church by enacting the resolution. The church’s attorney claims the Constitution forbids official hostility to a religion or its doctrines, just as it forbids official endorsement of any religion. The church aims to have the resolution repealed.

The city’s attorney said the supervisors have the responsibility to support equal rights for all citizens, regardless of orientation, and thus, were entitled to criticize any group that was opposed to this goal.

While appeals Judge kozinski seemed inclined to take the city’s side on the case, the decision will not be announced until later.

Most attorneys support the constitution’s freedom of religion, but San Francisco family lawyers still seem to largely support the city’s decision in supporting adoption by same-sex parents.

To read more on the case, see the article in the SF Gate. Image Via Dimitry B [Flickr]