SAN FRANCISCO, Aug. 18, 2008
Calif.: Docs Can't Deny Care To Lesbians
Top Court Rules Doctors Can't Invoke Moral Objections To Refuse Treatment To Gays, Lesbians
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Guadalupe Benitez, center, speaks next to her partner Joanne Clark, left, her son Gabriel Clark-Benitez, foreground, and her attorney Jennifer Pizer, right, at news conference held at the Hall of Justice in downtown San Diego Monday, Aug. 18, 2008. The California Supreme Court ruled Monday that Benitez, a lesbian, was unfairly denied a common infertility treatment by doctors at the North Coast Women's Care Medical Group based on their religious beliefs. (AP Photo/Denis Poroy)
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Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."
In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.
Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.
The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.
"It was an awful thing to go through," Benitez said. "It was very painful — the fact that you have someone telling you they will not help you because of who you are, that they will deny your right to be a mother and have a family."
Benitez has given birth to three children through artificial insemination — Gabriel, 6, and twin daughters, Sophia and Shane, who turn 3 this weekend. She is raising them in Oceanside with her longtime partner, Joanne Clark.
Jennifer Pizer, Benitez's attorney, said that the ruling was "a victory for public health" and that she expected it to have nationwide influence.
"It was clear and emphatic that discrimination has no place in doctors' offices," Pizer said.
The ruling was unanimous and a succinct 18 pages, a contrast to the state Supreme Court's 4-3 schism in May legalizing marriage between same-sex couples.
Robert Tyler, one of the lawyers for the clinic, said the ruling advanced the Supreme Court's "radical agenda" and would help the campaign supporting a November ballot initiative that seeks to once again ban gay marriage in California.
"The Supreme Court's desire to promote the homosexual lifestyle at the risk of infringing upon the First Amendment right to free exercise of religion is what the public needs to learn about," said Tyler, who leads the nonprofit Advocates for Faith and Freedom in Murrieta, Calif.
The Supreme Court did order a trial court to consider whether the Christian doctors were allowed to refuse inseminating Benitez because she was unmarried. The Legislature in 2006 amended the law to bar discrimination based on marital status, but it's unclear whether the doctors could legally withhold treatment in 2000.
The case drew numerous friends of the court briefs from a wide variety of religious organizations, medical groups and gay civil rights organizations.
The American Civil Rights Union supported the Christian doctors, siding with the Islamic Medical Association of North America, the Christian Medical & Dental Associations and anti-abortion groups.
The California Medical Association reversed its early support of the Christian doctors after receiving a barrage of criticism from gay rights activists, joining health care provider Kaiser Foundation Health Plan to oppose the Christian doctors.
The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association filed papers backing Benitez.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 280 Comments
- If the DR really does not want to treat Queer Women that he/she should not have to. Might be a moral thing or the Dr might feel being Gay is Just Plain to strange.
There are enough Drs that will treat queer People so why go to one that does not wish to treat you? Dr should not be forced. - Reply to this comment
- Artificial insemination is such hypocrisy in regard to lesbianism. They want the result of heterosexual, normal, relationships with a man
Posted by noseonurface
No, they just want a child. - Reply to this comment
- stay in where you fit in..these effing ho mos are so effing insecure that need to the law to make them secure..
Posted by libsluv2spit at 12:14 AM : Aug 20, 2008
Are you drunk? - Reply to this comment
- By the way, what''s the divorce rate among the heterosexuals? Adam & Eve. The ones that go on & on about the "sanctity of marriage." Focus On The Family. Family First. Family Forever. Mom & Pop & the kids rule. *** & single people fornicating must die. Blah, blah, blah.
- Reply to this comment
- Sorry. I didn''t mean to use the four-letter word "D I C K" in front of God-fearing Christian women.
- Reply to this comment
- Jesus would do the same thing. You know he would, people. Jesus didn''t love everybody. Heck, no. He would pick & choose. Sometimes it depended on his mood. Praise the Lord!
It''s in the bible. Our precious bible which is the word of God. Every word in it is true. It all happened. Marriage is a man & a woman. Adam & Eve not Adam & Steve. Anything else is an abomination! These people could be heterosexuals if they wanted to. They''re just not trying hard enough. They enjoy being different.
Why shouldn''t people be entitled to shove their religion down someone else''s throat?
But when someone in your family is homosexual then everything changes. Then the most fervent bible-puncher has to back pedal. A good example is ***
"Snuggle Bear" Cheney whose daughter is a lesbian. What''s he gonna do? Disown her? Never see her again? Nope. - Reply to this comment
- Artificial insemination is such hypocrisy in regard to lesbianism. They want the result of heterosexual, normal, relationships with a man, but don''t want the man, and don''t want to admit that there is something very wrong with them spiritually because at the core of their being, they are women, not men.
- Reply to this comment
- My Gosh, their attorney looks like Sylverter Stalone.
- Reply to this comment
- "religious beliefs"... Oy vey. Run for the hills.
"You say you want birth control, miss? Well, I''''m sorry but I''''m a Catholic & I don''''t believe in contraception. I''''m not going to give it to you.
I hope you will respect my religious beliefs. Why
don''''t you came back in seven hours when my shift ends?
Have a blessed day."
Posted by Keithle1 at 10:47 PM : Aug 19, 2008
+ report abuse
*******
well leave to these fa ggots, they would soon insist that church puts condom machines in thier men''s room..
stay in where you fit in..these effing ho mos are so effing insecure that need to the law to make them secure.. - Reply to this comment
- i have ONE question..why must these RUG MUNCHERS insist on a ''christian'' fertility clinic???
- Reply to this comment
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