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LUMPKIN v. BROWN

No. 95-15006.

109 F.3d 1498 (1997)

Reverend Eugene LUMPKIN Jr., Plaintiff-Appellant, v. Willie L. BROWN, Jr., Mayor of the City and County of San Francisco, and City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1997.

Attorney(s) appearing for the Case

James D. Struck, The Rutherford Institute, Modesto, California, for plaintiff-appellant.

Dennis Aftergut, Deputy City Attorney, San Francisco, California, for defendants-appellees.

Before: NORRIS and WIGGINS, Circuit Judges, and McKIBBEN, District Judge.

WILLIAM A. NORRIS, Circuit Judge.

In 1993, the City of San Francisco removed Reverend Eugene Lumpkin from his position as a member of the San Francisco Human Rights Commission because of public statements he made condemning homosexuality. The statements cited by the City in removing Reverend Lumpkin included the following:

* "[T]he homosexual lifestyle is an abomination against God. So I have to preach that homosexuality is a sin." CR 29, exh. B.

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