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The California Supreme Court decided unanimously Monday that
doctors should not refuse to treat gays and lesbians because of their religious
beliefs.
The decision was taken due to a lawsuit filed by Guadalupe T.
Benitez, a lesbian who wanted to become pregnant with donated sperm. Dr.
Christine Brody, an obstetrician and gynecologist at the North Coast Women's
Care Medical Group in Vista refused to
inseminate her blaming her religious beliefs for that. She was advised whether
to find another doctor from another clinic or to perform the procedure herself.
Benitez, 36, who is now the mother of three, said she has
been struggling for her case for 10 years now. "This isn't just a win for
me personally and for other lesbian women," Benitez said. "It's a win
for everyone because everyone could be the next target if doctors choose their
patients based on religious views about other groups of people."
Benitez and her lover, Joanne Clark, succeeded in doing the desired procedures at another San
Diego fertility clinic. Ms Benitez's lawyer, Jennifier
Pizer, said it was a "victory for public health", adding that the
ruling should have influence throughout the U.S.A.
The doctors, who are Christian, said that they denied the treatment
because Benitez was unmarried and according to the First Amendment, they were
right to do so if they chose to, as freedom of religion is something guaranteed
under all circumstances whatsoever.
Justice Joyce L. Kennard wrote the following in her 18-page
decision that all patients have to equally be taken care of "even if
compliance poses an incidental conflict with the defendants' religious
beliefs."
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