9th Circuit Will Rehear Catholic League's Suit Againt San Francisco En Banc

The U.S. 9th Circuit Court of Appeals yesterday granted an en banc rehearing in Catholic League for Religious and Civil and Rights v. City and County of San Francisco (full text of order). In June, a 3-judge panel handed down an opinion in the case rejecting an Establishment Clause challenge to a strongly worded resolution passed by San Francisco's Board of Supervisors. The resolution criticized a directive from Catholic Cardinal William Levada instructing Catholic social service agencies to not place children in need of adoption with same-sex couples. (See prior posting.) The San Francisco Chronicle reported on the 9th Circuit's action.