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CATHOLIC LEAGUE, REL. CIV. RIGHTS v. SAN FRANCISCO

No. 06-17328.

567 F.3d 595 (2009)

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 June 3, 2009.

Attorney(s) appearing for the Case

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

Vince Chhabria, City Attorney's Office of San Francisco, San Francisco, CA, for the appellees.

Opinion by Judge PAEZ; Concurrence by Judge BERZON.

PAEZ, Circuit Judge:

Appellants, Catholic League for Religious and Civil Rights, Dr. Richard Sonnenshein, and Valerie Meehan (collectively, "Catholic League" or "the League"), appeal the dismissal of their civil rights action under 42 U.S.C. § 1983 for failure to state a claim. At issue is the constitutionality of a non-binding resolution adopted by the Board of Supervisors of the City and County of San Francisco ("the Board") concerning the adoption of children...

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