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The California Supreme Court ruled Monday in favor of a lesbian couple and against the religious freedom of two Christian doctors, ordering in an unanimous decision that doctors cannot cite their religious beliefs as grounds to deny gay and lesbian patients medical care. The issue stemmed not from actual medical care, but from medical services, namely artificial insemination of a woman in a lesbian couple.
Guadalupe Benitez, now 36, was refused artificial insemination by two Christian doctors in 2000, who taught her instead how to perform the procedure herself. The doctors received support from the American Civil Rights Union and anti-abortion groups and were betrayed by the Kaiser Foundation Health Plan after they saw that criticism from gay organizations mounted.
Dr. Doug Fenton and Dr. Christine Brody, who work for The North Coast Women's Care Medical Group of San Diego, argued through their lawyers that they had a constitutional right to refuse a medical service which violated their religious beliefs.
Benitez and her lover Joanne Clark have subsequently had three children by in-vitro fertilization at another San Diego fertility clinic, but they had to pay for it because their medical plan had an exclusive contract with The North Coast Women's Care Medical Group.
Justice Joyce L. Kennard wrote in the 18-page decision that doctors who want to refuse a service because of religious beliefs must refuse all patients, or provide a doctor
who can provide the service to everyone.
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