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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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