Guadalupe Benitez speaks at a news conference held at the Hall of Justice in downtown San Diego Monday, Aug. 18, 2008. The California Supreme Court ruled Monday that Benitez, a lesbian, was unfairly denied a common infertility treatment by doctors at the North Coast Women's Care Medical Group based on their religious beliefs. (AP Photo/Denis Poroy)
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Calif. top court says docs must treat gays |
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Paul Elias - The Associated Press
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SAN FRANCISCO -- 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.
"It was an awful thing to go through," Benitez said. "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 has given birth to three children through artificial insemination -- Gabriel, 6, and twin daughters, Sophia and Shane, who turn 3 this weekend. She is raising them in Oceanside with her longtime partner, Joanne Clark.
Jennifer Pizer, Benitez's attorney, said that the ruling was "a victory for public health" and that she expected it to have nationwide influence.
"It was clear and emphatic that discrimination has no place in doctors' offices," Pizer said.
The ruling was unanimous and a succinct 18 pages, a contrast to the state Supreme Court's 4-3 schism in May legalizing marriage between same-sex couples.
Robert Tyler, one of the lawyers for the clinic, said the ruling advanced the Supreme Court's "radical agenda" and would help the campaign supporting a November ballot initiative that seeks to once again ban gay marriage in California.
"The Supreme Court's desire to promote the homosexual lifestyle at the risk of infringing upon the First Amendment right to free exercise of religion is what the public needs to learn about," said Tyler, who leads the nonprofit Advocates for Faith and Freedom in Murrieta, Calif.
The Supreme Court did order a trial court to consider whether the Christian doctors were allowed to refuse inseminating Benitez because she was unmarried. The Legislature in 2006 amended the law to bar discrimination based on marital status, but it's unclear whether the doctors could legally withhold treatment in 2000.
The case drew numerous friends of the court briefs from a wide variety of religious organizations, medical groups and gay civil rights organizations.
The American Civil Rights Union supported the Christian doctors, siding with the Islamic Medical Association of North America, the Christian Medical & Dental Associations and anti-abortion groups.
The California Medical Association reversed its early support of the Christian doctors after receiving a barrage of criticism from gay rights activists, joining health care provider Kaiser Foundation Health Plan to oppose the Christian doctors.
The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association filed papers backing Benitez.
• Associated Press writer Elliot Spagat in San Diego contributed to this report. |
Article views: 939
Discuss (412 posts)
| Just Reading
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Aug 25 2008 18:04:46
Dubbs wrote:
Lovie wrote:
Just Reading wrote:
Betzz wrote:
KitKat wrote:
Lovie wrote:
Wren wrote:
I wonder if Dubbs finally was sanctioned by the church? He can't be doing what he does on the forum without doing it in real life.
so Wren , tell me where blondie, betzz, and kitkat are. When Dubbs is gone so are they. You tend to come and go with him tooo. whats up?
I'm right here, Lovie. I'm not posting much because I'm sick to death of that smart azz dubs. I bet it's the same for Blondie and Betz. I talk to Blondie away from the forum. That's good enough for me.
Pretty much how I feel, Kitkat.
Me too..!!
If dubbs isn't lilith333, and if the pm is right, she turned him in this weekend. However, Dubb has been playing so many games, who knows what's true?
I, now have more of a life. I got my old job back and will be heading south for the winter!!!!! You all have been fun to talk to. I hope to post here and there, but nothing like the last month.
Keep dubbs from destroying the church and himself. someday he will explooooood and it wont be pretty. I can see it now ...Ciber guts everywhere
Lilith turned me in eh? For what? Defending the church? There going to laugh at her, and possibly ban some here who have made worse remarks, including the three smarmy sisters, and Lovie. DOH!
You defend the LDS Church..???
Dubbs you've made a mockery of the LDS Church, you have been the best tool the Anti Mormons have ever had,
You use profanity, you ridicule, you talk about lewdness, you bear false witness, you lie, you're rude, you have committed blasphemy, your vulgarity on the Daily Herald surpasses everyone who has ever been on here even WRZ...
Dubbs, bottom line most anti-Mormons should be able to get a Temple Recommend before you should...!!!
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#389200 |
| Blondie
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Aug 25 2008 18:05:08
KitKat wrote:
Blondie wrote:
Dubbs wrote:
Lovie wrote:
Just Reading wrote:
Betzz wrote:
KitKat wrote:
Lovie wrote:
Wren wrote:
I wonder if Dubbs finally was sanctioned by the church? He can't be doing what he does on the forum without doing it in real life.
so Wren , tell me where blondie, betzz, and kitkat are. When Dubbs is gone so are they. You tend to come and go with him tooo. whats up?
I'm right here, Lovie. I'm not posting much because I'm sick to death of that smart azz dubs. I bet it's the same for Blondie and Betz. I talk to Blondie away from the forum. That's good enough for me.
Pretty much how I feel, Kitkat.
Me too..!!
If dubbs isn't lilith333, and if the pm is right, she turned him in this weekend. However, Dubb has been playing so many games, who knows what's true?
I, now have more of a life. I got my old job back and will be heading south for the winter!!!!! You all have been fun to talk to. I hope to post here and there, but nothing like the last month.
Keep dubbs from destroying the church and himself. someday he will explooooood and it wont be pretty. I can see it now ...Ciber guts everywhere
Lilith turned me in eh? For what? Defending the church? There going to laugh at her, and possibly ban some here who have made worse remarks, including the three smarmy sisters, and Lovie. DOH!
PSSSTTTT Dubby. You put the "B" word in
your signature line, not us. You have the VILE MOUTH and should be banned..... NOT Betz, KitKat or I, Blondie....... GROW UP and quit blaming others for your foul and mouthy posts.
Isn't that funny? Dubs insists he is here defending the church. And then he calls us 'bitches', along with his other foul posts. Is he trying to be funny or what?? He is the last person who should be defending the Church, at least until he washes out his mouth with soap.
What I find so comical is the way he keeps referring to "US". He can't leave us alone, just tries to keep Sh** going.....
Dubbsss defending the "LDS Church" is very funny, with his VILE and FOUL mouth.... 
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#389202 |
| KitKat
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Aug 25 2008 18:07:13
Blondie wrote:
KitKat wrote:
Blondie wrote:
Dubbs wrote:
Lovie wrote:
Just Reading wrote:
Betzz wrote:
KitKat wrote:
Lovie wrote:
Wren wrote:
I wonder if Dubbs finally was sanctioned by the church? He can't be doing what he does on the forum without doing it in real life.
so Wren , tell me where blondie, betzz, and kitkat are. When Dubbs is gone so are they. You tend to come and go with him tooo. whats up?
I'm right here, Lovie. I'm not posting much because I'm sick to death of that smart azz dubs. I bet it's the same for Blondie and Betz. I talk to Blondie away from the forum. That's good enough for me.
Pretty much how I feel, Kitkat.
Me too..!!
If dubbs isn't lilith333, and if the pm is right, she turned him in this weekend. However, Dubb has been playing so many games, who knows what's true?
I, now have more of a life. I got my old job back and will be heading south for the winter!!!!! You all have been fun to talk to. I hope to post here and there, but nothing like the last month.
Keep dubbs from destroying the church and himself. someday he will explooooood and it wont be pretty. I can see it now ...Ciber guts everywhere
Lilith turned me in eh? For what? Defending the church? There going to laugh at her, and possibly ban some here who have made worse remarks, including the three smarmy sisters, and Lovie. DOH!
PSSSTTTT Dubby. You put the "B" word in
your signature line, not us. You have the VILE MOUTH and should be banned..... NOT Betz, KitKat or I, Blondie....... GROW UP and quit blaming others for your foul and mouthy posts.
Isn't that funny? Dubs insists he is here defending the church. And then he calls us 'bitches', along with his other foul posts. Is he trying to be funny or what?? He is the last person who should be defending the Church, at least until he washes out his mouth with soap.
What I find so comical is the way he keeps referring to "US". He can't leave us alone, just tries to keep Sh** going.....
Dubbsss defending the "LDS Church" is very funny, with his VILE and FOUL mouth....
Yeah, exactly. He also reminds me of those he says "leaves the church, but can't leave it alone". Isn't that pretty much what he's doing with us? Too funny! 
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#389203 |
| Just Reading
|
Aug 25 2008 18:21:43
Dubbs You defend the LDS Church..???
Dubbs you've made a mockery of the LDS Church, you have been the best tool the Anti Mormons have ever had,
You use profanity, you ridicule, you talk about lewdness, you bear false witness, you lie, you're rude, you have committed blasphemy, your vulgarity on the Daily Herald surpasses everyone who has ever been on here even WRZ...
Dubbs, bottom line most anti-Mormons should be able to get a Temple Recommend before you should...!!!
|
#389210 |
| Wren
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Aug 25 2008 19:13:59
Dubbs wrote:
Lovie wrote:
Just Reading wrote:
Betzz wrote:
KitKat wrote:
Lovie wrote:
Wren wrote:
I wonder if Dubbs finally was sanctioned by the church? He can't be doing what he does on the forum without doing it in real life.
so Wren , tell me where blondie, betzz, and kitkat are. When Dubbs is gone so are they. You tend to come and go with him tooo. whats up?
I'm right here, Lovie. I'm not posting much because I'm sick to death of that smart azz dubs. I bet it's the same for Blondie and Betz. I talk to Blondie away from the forum. That's good enough for me.
Pretty much how I feel, Kitkat.
Me too..!!
If dubbs isn't lilith333, and if the pm is right, she turned him in this weekend. However, Dubb has been playing so many games, who knows what's true?
I, now have more of a life. I got my old job back and will be heading south for the winter!!!!! You all have been fun to talk to. I hope to post here and there, but nothing like the last month.
Keep dubbs from destroying the church and himself. someday he will explooooood and it wont be pretty. I can see it now ...Ciber guts everywhere
Lilith turned me in eh? For what? Defending the church? There going to laugh at her, and possibly ban some here who have made worse remarks, including the three smarmy sisters, and Lovie. DOH!
Les' see heah. The man who referred to his wife as a "slut", calls women "bitches" and "scumbitch", plus swears and lies every day is not going to be banned before everyone else?
Dubbs has two rooms in his head: one is empty, the other has a sign reading 'room for rent'.
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#389223 |
There are too many comments to list them all here. See the forum for the full discussion.Discuss this article on the forums. (412 posts)
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