Calif. Supreme Court: Doctors Can’t Deny Treatment to Gays Anymore

By Dan Keane
14:00, August 19th 2008
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Calif. Supreme Court: Doctors Can’t Deny Treatment to Gays Anymore

On Monday, the California Supreme Court forbad doctors to cite their religious beliefs as a reason to deny treatment to gays and lesbians.

The decision overturned a lower court ruling, which favored two Christian doctors who refused fertility treatment to a lesbian on religious grounds

In 2004, Guadalupe Benitez, 36, sued Dr. Christine Brody and Dr. Douglas Fenton and their medical group (the Vista-based North Coast Women’s Care Medical Group) saying their refusal to treat her violated California’s antidiscrimination laws.

“It was an awful thing to go through. 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 said.

Currently, Benitez is the mother of three children, Gabriel, 6, and twin daughters, Sophia and Shane, 3, through artificial insemination whom she is raising with her longtime partner, Joanne Clark.

The law “furthers California’s compelling interest in ensuring full and equal access to medical treatment irrespective of sexual orientation,” Justice Joyce Kennard said in the ruling.

“This isn't just a win for me personally and for other lesbian women. It's a win for everyone, because anyone could be the next target if doctors are allowed to pick and choose their patients based on religious views about other groups of people,” Benitez said.

The American Civil Liberties Union, California Attorney General Jerry Brown, the national Health Law Program and the Gay and Lesbian Medical Association backed Benitez in her decision to go to court.

Benitez’ attorney, Jennifer Pizer said the ruling was a victory not only for her client but also for the public health. She also added that she expected it to have nationwide influence.

“It was clear and emphatic that discrimination has no place in doctors’ offices,” Pizer said.



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