The court of appeals affirmed a judgment. The court held a city did not violate the Establishment Clause by adopting a non-binding resolution strongly urging a Catholic cardinal to withdraw his directive against placement of children in need of adoption with same-sex couples.

In early 2006, the Board of Supervisors of the City and County of San Francisco (City) passed non-binding resolution No. 168-06 (Resolution). The Resolution urged Cardinal William Levada to 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.”