Gonzales v. Planned Parenthood (Supreme Court of the United States):  Planned Parenthood and the City of San Francisco challenged the federal Partial-Birth Abortion Ban Act in federal court in San Francisco.  The district court struck down the statute.  On appeal, the ACLJ filed an amicus brief, on behalf of itself and various members of Congress, defending the statute, but the Ninth Circuit affirmed.  The Supreme Court granted review.  Once more, the ACLJ filed an amicus brief, this time only on behalf of itself, defending the PBA statute.  The Supreme Court heard oral argument on November 8, 2006, and a decision is pending.

Klein v. City of San Diego (U.S. Court of Appeals for the Ninth Circuit):  Picketers demonstrated outside the residence of a San Diego County official who had mocked someone’s disabled condition.  Police chased the picketers away, citing a local anti-residential picketing ordinance.  The picketers challenged the ordinance in federal court.  It then came out that the ordinance did not apply because the house was set back more than the 300-foot no-picketing zone imposed by the ordinance.  The district court therefore dismissed the as-applied challenge, but nevertheless sustained the ordinance on its face.  The Ninth Circuit affirmed, and the picketers petitioned for rehearing.  The ACLJ filed an amicus brief, on behalf of itself, arguing that the picketers lacked standing and, therefore, the Ninth Circuit should vacate its own decision as well as that of the district court and order dismissal without prejudice, which would allow the picketers to bring a new suit if a new controversy should arise.

Newdow v. United States Congress (U.S. Court of Appeals for the Ninth Circuit):  The ACLJ will be filing an amici curiae brief in late November arguing that the use of “In God We Trust” on coins and currency and as the National Motto does not violate the Establishment Clause.  We are representing forty-seven members of Congress.

Paulson v. City of San Diego (U.S. Court of Appeals for the Ninth Circuit):  The ACLJ will be filing an amici curiae brief in mid November arguing that the case filed in 1989 challenging the City of San Diego’s ownership of the Mount Soledad War Memorial is moot because the federal government now owns the Memorial.  We are representing twenty-two members of Congress as well as Advocates for Faith and Freedom.

Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco (The Marriage Cases) (California Court of Appeals):  The ACLJ filed an amicus brief with the California Court of Appeals on November 22, 2005, in support of the Proposition 22 Legal Defense and Educ. Fund, arguing that the harm to children provided the State of California with a compelling interest to preserve traditional marriage.  This case was one of several consolidated cases Proposition 22 filed to stop San Francisco from continuing to issue marriage licenses to same-sex couples, and to obtain a ruling that the licenses issued were invalid; others challenged the constitutionality of the marriage laws.  On October 5, 2006, the court dismissed Proposition 22’s action on procedural grounds; however, the Court of Appeals issued its decision as to the remaining consolidated actions, denying access to marriage for same-sex couples.  Plaintiff same-sex couples have sought a rehearing.

Trunk v. City of San Diego (U.S. District Court for the Southern District of California):  The ACLJ will be filing an amici curiae brief arguing that the federal government’s operation of the Mount Soledad War Memorial does not violate the Establishment Clause. A timeframe has not yet been set for filing the brief but it will likely be filed in December 2006 or early 2007. We will be representing twenty-two members of Congress and Advocates for Faith and Freedom.

October 24, 2006, San Bruno, CA:  The ACLJ sent local officials an informational letter about protest activities at the funeral of Army Pfc. Keith J. Moore.