Lesbian Couple Succeeded in Changing the Law

By Irene Collins
00:03, August 20th 2008
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Lesbian Couple Succeeded in Changing the Law

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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