Calif.: Docs Can't Deny Care To Lesbians

Top Court Rules Doctors Can't Invoke Moral Objections To Refuse Treatment To Gays, Lesbians

(AP)  California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

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.

[terrapin78]

IMO any Doctor and or Pharmacist that injects their "moral beliefs" into a patients treatment should lose their license to practice.

If and Dr/Pram feels like that, they should go get jobs in religious hospitals and stay out of the secular health care world.

[dan9111]

"It was very painful %u2014 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."

Worse is the pain as watching your father get kicked out of the family, and seeing him milked out of cash while his right to be a father is denied by an abusive mother. That is discriminiation because of "who he is".

Justice is long overdue for men. We learn today that every single lesbian, without regard for examining her past, has more rights than even the most caring man. Where is the ACLU?

[myopinion381]

A doctor shouldn''t choose to treat or not treat a person because of religious beliefs.

[ragnar30066]

Why not deny medical care to lesbians? Or straights? Or senior citizens? Or firemen?

We have a presidential candidate who has voted on the record that babies who have lived in spite of an attempted abortion should be denied medical care until they die. He is trying to lie his way out of it now, but the public record of his votes have him completely trapped.

So why should lesbians, straights, seniors or anyone else be spared? What do you think, that people have inalienable rights to life, liberty or the pursuit of happiness? That all should be equally protected by the law? Such antiquated notions. Obama will help you discard such antiquated thoughts and lead the Change to the new way of looking at life, where a person''s life is based upon politics.

[Wookiee-1138]

WWHD?

What would Hippocrates do?

[redhoffer]

Dan, there is a group called Fathers for Equal Rights that you should check out.

Please though, you can''t blame the problems that the courts sometimes invoke on men in family and custody issues on queers. It''s just dumb. Queers get horribly treated by society and courts at a far greater extent than men. You are out of your mind if you feel queers get treated better or are more protected than men, that''s typical right-wing media crrap.

Btw, this is not 1980, men do get fairly decent treatment in family court now.

[deacon20081]

If Lesbians want to have children they should be denied Welfare.

[myopinion381]

deacon20081: Would make more sense to deny everyone welfare. Make people go out and work for a living.

[seafang]

Well I''m on the doctor''s side. They should not be required to waste their time to provide "medical treatment" to someone who has no "medical problem".

Maybe they have a mental problem but they certainly don''t have any medical problem.

If they read even the most elementary medical text books, they would find that you can''t get pregnant by playing matress polo with someone who doesn''t have the proper equipment to get the job done.
These lesbians can easily get pregnant if they just read an elentary text on s.e.x.u.a.l i.n.t.e.r.c.o.u.r.s.e; so why are they hassling the doctors; whose services they don''t need since doctors are not in the stud farm business.

[deepperppl]

I''ve thought people who turn down helping others because of their sexual preference aren''t doing their religion any favors. Think about it: When Jesus healed people, did He care what their sins were? Didn''t He tell the high and mighty that the Son of Man came to those who are living in sin? I''m a Christian, but even I know that Jesus didn''t discriminate. If you were in need, you were heard. And if you take on a job where you *know* you will be called on to do something to which you object on a moral or religious basis, then don''t seek that career. It''s like being a soldier. If you join up in peace, you may still have to be called to war. It''s your job, for goodness'' sake!! Just do it.

[andy4488]

To Terrapin78, spoken like a true gay person. Like the artical said, she was instructed how to do it herself and was also directed to a Dr. without moral objections,and there''s plenty of them out there, she got the job done so what''s the beef.
It''s the gay agenda not to just get it done but to force someone with moral objections to do it. That''s the whole thing with this emoral gay agenda movement. It''s not just to get rights for the *** but to take away the rights of moral Christian people.

[justicelane]

What happened to observing the Hipocratic Oath? Religion has NOTHING to do with it. They are sworn to treat EVERYONE regardless of faith when they get their license.

[myopinion381]

Seafang: Why is it any different for a lesbian woman to seek a doctor to be artifically inseminated than a woman that can''t concieve on their own?

[barbaraf4]

How, exactly, does a doctor recognize a lesbian patient if she does not disclose the fact. Do lesbians have rainbow-colored pu*bic hair?

[redperimeter]

FYI to deepperppl. You quote Jesus authoritatively. Lest you forget His admonition was: "Go. Your sins are forgiven. Sin no more!"

[minnick8-2009]

We sure have a s c r * w * d up society. It is lawsuits like the one described herein that will cause intelligent young people who would otherwise choose medicine as a career to make another choice if they really are opposed to providing arificial insemination to l e s b i a n s and they don''t want to because of moral objections. No one likes to be told who they must serve. Services in hotels and restaurants are not the same as artificial insemination. There are plenty of doctors out there who are not opposed and I like seafang''s response, "why are they (the l e s b i a n s) hassling Drs. whose services they don''t need?"

[minnick8-2009]

How, exactly, does a doctor recognize a lesbian patient if she does not disclose the fact . . . ?

Posted by barbaraf4

Honey, you have lived with your head in the sand. I was in the military and it didn''t take long before I could spot one from a mile away.

[minnick8-2009]

To the men in here who are volunteering to provide stud services so that artificial insemination isn''t necessary, don''t forget that in today''s legal climate, DNA fathers are liable for support of their children. If you provide stud services, you better be prepared to send your money to support the child/children that you sire.

[wireferee]

minnick8 your comment is why this lawsuit and its UNANIMOUS decision was necessary. Personally, I say that if we lose a doctor to another country because he or she only wants to heal and work with certain people, good riddance!

Besides, take this one step further. If the doctors were allowed to deny this procedure due to religious exemptions, would it be okay for him/her to deny life-saving medical treatment to a gay or lesbian? Would it be right to deny a pregnant woman a C-section because God said that women need to "bear the pain of childbirth"? Would it be okay for an Muslim doctor to deny treatment to a Christian American because Christians and Americans don''t "jive" with his religion?

If you allow doctors to pick and choose who they treat and what procedures they do, where does it stop?

[wireferee]

minnick8, you said you could spot a lesbian from "a mile away." How exactly do you do that? What does one look like? Are all lesbians the same? Do they have a neon sign above their heads?

Can you do the same for French people? Deaf people? People with AIDS?

[beader59]

If you are to get complete care from your doctor, it is appropriate to tell them you are lesbian. This effects how much you are at risk of uterine cancer and other diseases as well. Ignorance is not bliss and choosing which hatred god has chosen for you is not very christian. Heterosexuals have such a great record as child bearers and raisers haven''t they to be so high and mighty. Homosexuals have the right to get married and to have children. Doctors should not be allowed to pick and choose who they hate enough to care for.

[bob5ford]

Now if the courts will only force pharmacies that are refusing to sell birth control because of religious or personal beliefs to carry it we will have something. Businesses are privately owned, I will agree, but there are certain rules to be followed when dealing with the general public. You could not withhold lifesaving medicine because you didn''t like a customer, you shouldn''t be able to withhold any legal medicine, whether you agree with it or not.

[ofbyfor1]

Posted by ragnar30066 at 06:03 PM : Aug 18, 2008

You lie like a dog.

[irliberal]

I''''m getting a visual here...ooo, ahhh, uuuug...

Those two bush bashers need to go back in closet, then SLAM THE DOOR!!!

California is going wayside, day by fkn day.

Posted by tiddsanbeer at 07:31 PM

My bigoted friend, you future in the area of ickiness is surprisingly bleak.

Get used to it, or cry more, your choice.

[barbaraf4]

"If you allow doctors to pick and choose who they treat and what procedures they do, where does it stop?" Posted by wireferee
~~~~~~~~~~~~~~~~
They already do. That is why they are called "specialists".

[puzzler125]

It is spelled veterinarian and every letter pronounced. You are the sick one for your cruel letter about two long time partners who wanted children together.

[beader59]

ragnar-that bill was worded so poorly and it was done so on purpose by the religious zealots that want abortion completely banned. They were going to call a fetus a baby that is totally capable of life. Prove it. Check it out. Any person with any common sense who read that bill understood that. People with reason that know it is within a woman''s right to choose the care of their own life knew that this was a ploy to destroy the right to have an abortion. I doubt if anyone wants to have one, but it the right that needs to be protection. So check out the details of the bill before you condemn Obama. I don''t like him, but he was smart on this issue. And by-the-way, why should men be allowed any voice in this issue. If they don''t want babies, don''t do it. Women are in control of their own bodies and if that is the terrible decision to have to have an bortion, than so be it.

[beader59]

Just think, if it were men who had to get pregnant, there would be a law that declared no one could interfere with their rights to abort at anytime during the pregnancy.

[gld2slvr]

Intelligence shines herein! Making a woman pregnant is now equated to "life saving surgery." Common sense dictates that being pregnant is less healthy for the woman than not.

I wonder if these doctors went to an "open mike night" at a gay bar and read the Scriptures regarding these abominations in the eyes of a Holy God, would their equal rights to the open mike be upheld?

[gld2slvr]

mel30ny -- Nice try, but WRONG. They are fertility specialists. I''m certain if I were in their insurance plan and had pnemonia, the plan would not send me to a fertility specialist. I''m also certain that little to no medical insurance covers fertility treatment.

[sociald63]

has anybody seen a HOT - looking lesbian ?? well, besides the ones in pooo-rn movies :)

[downsteamjim]

So business wins out over morality.

[ajmarine111]

has anybody seen a HOT - looking lesbian ?? well, besides the ones in pooo-rn movies :)

Posted by sociald63 at 08:10 PM : Aug 18, 2008



Have you seen Ellan''s wife?

[psk123-2009]

So they can not refuse fertility treatment on basis of religious morals. However they CAN refuse treatment for the PREVENTION of pregency (the controceptive pill, RU486, etc.) on the basis of religious morals.

[irliberal]

So business wins out over morality.

Posted by downsteamjim at 08:11 PM

Actually, humanity wins out over bigotry. Be sure to get it right.

[mrbrill]

"I''m also certain that little to no medical insurance covers fertility treatment."

From my health insurance plan: "Artificial insemination is also covered. There is no limit to the number of attempts."

Next time, try to stick to a subject to which you know what you''re talking about.

[ajmarine111]

Posted by sociald63 at 08:10 PM : Aug 18, 2008


I meant Ellen DeGeneres and her wife Portia de Rossi.

[downsteamjim]

Why didn''t the lesbians go to a different clinic? They wanted give the Christians a hard time.

[sistatee-2009]

Benitiz so ugly, ain''t even a dog would inseminate her.

[ericv2644]

Gay and lesbian people in this country are Americans too. I can remember when this country said the same thing about blacks, Irish,polish and every other immigrant that cam to this country willingly or unwillingly. Lets really follow the teachings of the bible and love one another and leave the judging to GOD him or herself.

[gld2slvr]

I appologize for my error in judgement mrbrill. I''ll take your advice:

Romans 1:21-28 "Because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened. Professing themselves to be wise, they became fools, ... Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonour their own bodies between themselves: ... For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature: and likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet. And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind..."

[mcvet-1]

Why didn''''t the lesbians go to a different clinic? They wanted give the Christians a hard time.

Posted by downsteamjim at 08:29 PM : Aug 18, 2008

Whew!! Are you REALLY this bad... I mean can''t you read and UNDERSTAND what you have read? I do NOT know the Religious Beliefs of my Doctor, I shouldn''t have to nor should those beliefs effect my RIGHTS as a citizen to receive equal treatment from that Doctor. If he doesn''t want to be a doctor then he should have picked another profession. If he did NOT want to provide a service to ALL Women, without becoming involved in their private lives or getting into their bedrooms he should have picked a field OTHER than Women''s Health. THIS is STILL America and I still have a right to be free from my Doctors Religion and bigotry... EVERY American should!! Sieg Heil and Amen

[mcvet-1]

Benitiz so ugly, ain''''t even a dog would inseminate her.

Posted by SistaTee at 08:36 PM : Aug 18, 2008

Now THIS is the thinking of a Nazi folks... a flame throwing dyed in the wool NAZI!! Don''t like how someone looks, are good looking enough to be part of the super race so we can deny them rights! Now lets all sing it out here!! SIEG HEIL MEIN FUHRER

[blackshaft-2009]

Sodomites! Lesbians!

[blackshaft-2009]

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

[blackshaft-2009]

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

Sodomites! Lesbians!

[blackshaft-2009]

They want to be a lesbian but they need a mans you know what to have a child?

[kazoodan]

For any of you out there who like to bash the ACLU for their liberal agenda, I hope you take note of their position on this issue.

[blackshaft-2009]

Gay and lesbian people in this country are Americans too. I can remember when this country said the same thing about blacks, Irish,polish and every other immigrant that cam to this country willingly or unwillingly. Lets really follow the teachings of the bible and love one another and leave the judging to GOD him or herself.

Posted by ericv2644 at 08:42 PM : Aug 18, 2008


Sodomites are not an ethnic group or do they have a cultural heritage? They only have their wrong ways to make everyone else to have to accept.

[macusweil]

We give cancer care to members of the Charles Manson family because that is the moral and correct thing to do in a just society.

These quote / unquote "care givers" who refuse care to anyone because of their morals or lack of should lose their lic. to practice medicine or all credentials they may have, period.