#1 Calif top court: Docs can't withhold care to gays08-20-2008, 09:38 AM
Calif top court: Docs can't withhold care to gays
SAN FRANCISCO (AP) -- California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.
Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."
In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.
Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.
The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.
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08-20-2008, 11:10 AM
While no medical person should be able to withold treatment of a disease or injury, this case seems like a different type of thing completely.
Fertility treatments are like cosmetic surgery: you may want it but you certainly aren't going to die without and if you get it, you may create medical complications for yourself.
Ultimately, this will be another equality by subtraction thing where some docs will simply refuse to deal with fertility issues completely to avoid the fallout.
noonwitchGuest08-20-2008, 11:54 AM
Here's what I don't get-they live in California. I can't believe that they just couldn't find a different doctor who was willing to do artificial insemination. Before anyone (eyelids) says the choice of doctors has to do with insurance, well, I highly doubt that anyone's insurance covers artificial insemination to begin with, so the couple is paying cash for the procedure.
So, instead of looking to find a doctor who will perform the procedure, they choose to use the courts to force unwilling doctors to do it, in a state that should have hundreds of doctors who are willing to do it.
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08-20-2008, 12:36 PM
Shoving their Godless agenda down our throats. Where's their respect for others that they demand?
Hundred of secular humanist Docs would do what they asked but no they go search out the handful of God fearing men and women who won't with their lawyers in tow.
Disgusting.At least once every human should have to run for his life, to teach him that milk does not come from supermarkets, that safety does not come from policemen, that news is not something that happens to other people. ~ Robert Heinlein
You Say The Battle Is Over
08-20-2008, 01:19 PMAt Coretta Scott King's funeral in early 2006, Ethel Kennedy, the widow of Robert Kennedy, leaned over to him and whispered, "The torch is being passed to you." "A chill went up my spine," Obama told an aide. (Newsweek)
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