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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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