August 8, 2008

Page 1

Catholic san Francisco Serving San Francisco, Marin and the Peninsula

SF resolution criticized as hostile, unconstitutional

(CNS PHOTO/JASON REED, REUTERS)

By Rick DelVecchio

Pope sends best wishes to Olympics Michael Phelps of the U.S. swims during practice at the National Aquatics Center in Beijing Aug. 4. Pope Benedict sent best wishes to China and international athletes for a successful Olympic Games which officially opened Aug. 8 in Beijing. Shannon Rowbury, a graduate of San Francisco’s Sacred Heart Cathedral Preparatory, is scheduled to compete in the Olympics 1500-meter women’s track competition beginning Aug. 19.

A San Francisco Board of Supervisors resolution harshly critical of official Catholic teaching on adoption by same-sex couples crosses the constitutional line between church and state and should be thrown out as unlawful, an attorney for the Catholic League for Religious and Civil Rights has argued before a federal appeals court panel. The resolution, adopted March 21, 2006 by an 11-to-0 vote of the city and county governing body, not only condemns Catholic beliefs but urges Church subordinates to defy Vatican authority, attorney Robert Muise said during the July 16 hearing in San Francisco. “It’s remarkable,” he said. “I’ve never seen anything like this.” Letting the resolution stand “would establish a double standard that has no place in our history,” Muise told a threejudge Ninth Circuit Court of Appeals panel that is weighing the Catholic League’s appeal of a lower court ruling upholding the resolution. One of the judges, Marsha S. Berzon, posed questions similar to those raised by Muise during the hearing and in court papers. “This is clearly calling Catholic teaching ignorant,” she said. “It seems gratuitous for one thing, and it seems to have no stopping point.” Berzon called the resolution “quite extraordinary.” “It has two features: one is a direct attack on the doctrine and another is

a direct attack on the hierarchy of the Church,” she said. Deputy City Attorney Vince Cchabria defended the measure, saying the court should view it in a San Francisco context. “The purpose is not to condemn the Catholic religion but to condemn the discrimination against gays and lesbians,” he said, adding that the tone of the resolution should not be an issue in deciding its constitutionality under the Establishment Clause. The resolution was directed at Cardinal William Levada in his capacity as head of the Vatican’s Congregation for the Doctrine of the Faith. It demanded that he “withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households.” The resolution goes on to label the Vatican as a “foreign country” meddling in what it calls the city’s customs and traditions on same-sex couples’ right to adopt and care for children. It demanded that Archbishop George Niederauer and Catholic Charities “defy all discriminatory directives of Cardinal Levada.” It closes by stating that the Congregation for the Doctrine of the Faith was “formerly known as the Holy Office of the Inquisition.” A second member of the three-judge panel also aimed questions at the resolution, noting that it appears to go beyond making a point about adoption by sameSF RESOLUTION, page S8

No on Prop 8 campaign donations surpass Yes on 8 By Rick DelVecchio Mega-donations from rich donors in California and a handful of other states have ballooned the campaign fund for the effort to stop Proposition 8, with more than $3 million pledged since July. No on 8 consultant Steve Smith predicted in a press statement that the campaign will “more than match” the $10 million to $15 million that the Yes on 8 effort intends to raise. The No on 8 campaign also claimed the support of labor unions, PG&E and small individual donors from California and other states. Contributions to No on 8 were on average larger than those in support of the marriage amendment,

and a larger share of the total came from donors outside California, an analysis of campaign finance records up to June 30 shows. An Aug. 2 dinner in Beverly Hills sponsored by Equality California raised more than $1 million for No on 8, much of it from businesses and unions, the San Francisco-based organization reported. The previous week, the Washington, D.C.based Human Rights Campaign gave more than $1 million to the No on 8 effort after a fundraising dinner in San Francisco. “This is what we can expect,” said Brian Brown, executive director of the National Organization for Marriage California, a supporter of the Protect Marriage coalition sponsoring Prop 8.

“Everything is going to be coming from all around the country into the fight.” Yes on 8 spokeswoman Jennifer Kerns did not respond to requests for comment. The surge in funding to fight Prop 8 comes at a time when the Catholic bishops of California are strongly encouraging Catholics to support the measure financially and through volunteer work. (See statement, page 3.) The Yes on 8 campaign maintains that it is in a strong position to win in November, noting that the latest Field Poll showed a gain in support and a drop in opposition to the measure. Prop 8 asks voters to overturn the California Supreme Court’s 5-to-4 deci-

sion in May giving same-sex couples the right to designate their unions as marriage. Supporters maintain that a majority of Californians opposes such a right and that the public will should prevail over a judicial interpretation. The court struck down Proposition 22, which 61 percent of California voters passed in 2000. The latest supporters of the No on 8 effort include Word Perfect software inventor Bruce Bastian of Orem, Utah, who has pledged $1 million. Cleveland businessman David Maltz made two contributions in July totaling $750,000, and Beverly Hills tech mogul David Bohnett made three totaling $700,000. NO ON PROP 8, page 3

INSIDE THIS WEEK’S EDITION Fair trade encouraged . . . . . . 7 World Youth Day . . . . . . . 8-9 Letters . . . . . . . . . . . . . . . . . 10 Scripture . . . . . . . . . . . . . . . 12

New play memorializes Star of the Sea Academy ~ Page 16 ~ August 8, 2008

Datebook . . . . . . . . . . . . . . . 17

~ Senior Living ~ Special section inside

Notre Dame, Mercy Sisters mark jubilees Classified ads . . . . . . . . 18-19 ~ Pages 13 & S11 ~ NEXT ISSUE AUGUST 22

SEVENTY-FIVE CENTS

VOLUME 10

No. 23


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