Doctors Can't Deny Lesbians Care on Religious Grounds

Calif. high court rules sexual-orientation discrimination applies to medicine.

ByABC News
August 18, 2008, 3:04 PM

Aug. 18, 2008 — -- The California Supreme Court today ruled unanimously that doctors cannot cite their religious beliefs as grounds to deny gay and lesbian patients medical care.

Justice Joyce Kennard ruled that two Christian fertility doctors who refused to artificially inseminate a lesbian couple cannot claim a free speech or religious exemption from California's anti-discrimination law.

The ruling extends a state law barring sexual orientation-based discrimination to the medical profession.

The case, which drew 40 "friends of the court" briefs, pitted gay advocacy groups against religious and medical organizations.

Guadalupe Benitez, now 36, had maintained that the California medical clinic that was treating her polycystic ovary syndrome had "dumped" her when she asked for artificial insemination.

In 1999, after a year of surgeries and hormone treatments all covered by insurance Benitez was finally ready to get pregnant. But at the crucial moment, her doctor refused to do the procedure for "religious" reasons.

Benitez is a lesbian and sued her doctors under California's civil rights laws, charging that they discriminated against her because of her sexual orientation.

"For me this is a case about doing the right thing and being fair," Benitez told "Not discriminating against people and doctors not playing the role of God, saying because you are gay, you are not worthy of having a child or a family.

"I did it not only for me, my partner and my children but for other people coming after me, so they don't have to go through the humiliation and frustration and abandonment as a patient," she said.

The doctors received support from the American Civil Rights Union and anti-abortion groups, according to the Associated Press.

The California Medical Association initially supported the Christian doctors, until they received criticism from gay rights groups and joined the Kaiser Foundation Health Plan to oppose them.

The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association backed Benitez, the AP reported.

Benitez sued The North Coast Women's Care Medical Group of San Diego, which had an exclusive contract with her health insurance plan. Also named in the suit were two of the clinic's doctors Dr. Doug Fenton and Dr. Christine Brody who lawyers say had a constitutional right to refuse a procedure that violated their religious beliefs.

The case jumped through a series of legal hoops. Benitez initially filed her suit in 2000. The trial court ruled in her favor based on sexual-orientation discrimination, but the appellate court said North Coast's claim that they had been denied freedom of religion was legitimate.