Freedom of Religion or Discrimination?

August 3, 2007— -- When does the freedom to practice religion become discrimination?

The California Supreme Court is being asked to answer that question when it hears a legal dispute between a lesbian mom and two doctors who refused to artificially inseminate her for religious reasons.

The first-of-its-kind case is shaping up as one of the most controversial before the court in years. The court has not set a date to hear the case, but more than 40 groups already have filed briefs asking to be heard.

The court is being asked to decide how to accommodate a physician's religious views without violating California's anti-discrimination laws.

California is a major testing ground for this issue.

What distinguishes the case of Guadalupe Benitez is that the physicians involved refused to provide a medical procedure to one patient that they readily provide to others, says Jill Morrison, legal counsel to the National Women's Law Center, an advocacy group that works to protect women's rights in the workplace, schools, sports, and health care. "Usually, providers who object to certain services object to them for everyone: 'I won't provide contraception.' In this case, they don't object to the service, just the patient. You can't pick and choose. You can't say, 'I will perform it for white people, but not for black people.' "

Kenneth Pedroza, the doctors' attorney, counters that an "all-or-nothing" rule will drive physicians out of certain specialties.

The dispute arose in 2000 after San Diego-area doctors Christine Brody and Douglas Fenton refused to artificially inseminate Benitez, a lesbian who lives with her partner, Joanne Clark, in Oceanside, north of San Diego.

By that time, Benitez had been a patient at the clinic for 11 months and been taking fertility drugs prescribed by Brody. The clinic was the only facility covered by Benitez' health insurance plan.

"I was very distraught," Benitez says. "I was very confused. I couldn't even bear to think that possibly I was never going to be able to have children."