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CATHOLIC LEAGUE v. CITY & COUNTY OF SAN FRANCISCO

No. 06-17328.

624 F.3d 1043 (2010)

CATHOLIC LEAGUE FOR RELIGIOUS AND CIVIL RIGHTS; Richard Sonnenshein; Valerie Meehan, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; Aaron Peskin; Tom Ammiano, in his official capacity as a Supervisor, Board of Supervisors, City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2010.

Attorney(s) appearing for the Case

Robert Joseph Muise , Thomas More Law Center, Ann Arbor, MI, for the appellants.

Vince Chhabria , Deputy City Attorney, San Francisco, CA, for the appellees.

Michael Newdow , Sacramento, CA, for amicus curiae Michael Newdow.

Bridget Jeanne Wilson , Rosenstein, Wilson & Dean, P.L.C., San Diego, CA, for amicus curiae DignityUSA.

Erwin Chemerinsky, University of California, Irvine, CA, for amicus curiae Law Professors Alan Brownstein, Jordan Budd, and Erwin Chemerinsky.

David Blair-Loy , ACLU Foundation of San Diego & Imperial Counties, San Diego, CA, for amicus curiae ACLU of San Diego & Imperial Counties.

Opinion by Judge KLEINFELD; Concurrence by Judge SILVERMAN; Partial Concurrence and Partial Dissent by Judge GRABER.

OPINION

KLEINFELD, Circuit Judge:

A majority of the court has concluded that the plaintiffs have standing. A separate majority, for differing reasons, affirms the district court's dismissal of the plaintiffs' claim.

Parts I and II of this opinion are joined by Judges THOMAS, SILVERMAN, CLIFTON, BYBEE, and IKUTA. Part III of this opinion, addressing the merits of the plaintiffs' claim, is a dissent, joined by Judges BYBEE and IKUTA. Five of us, including...

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