Repro Health Hero of the Week: California Supreme Court
This Monday, the California Supreme Court unanimously ruled against two doctors who refused to artificially inseminate Guadalupe Benitez, a lesbian woman. The doctors insist that they refused treatment on the basis that Benitez was not married and performing the procedure would go against their religious beliefs and infringe upon their First Amendment rights. However, Benitez states that her doctor gave her fertility medication, then voiced that she would not perform insemination because Benitez was a lesbian and should not have children. The problem worsened when another physician at the medical group informed her that she made the staff uncomfortable and referred her to another doctor.
Benitez first sued in 2001 citing state law that prohibits businesses from discriminating against patrons. She won her case in 2004, but the ruling was overturned in appeals the following year under the pretense that the doctor’s religious rights had been violated. The court’s decision on Monday affirmed that the anti-discrimination law extended to doctors and that equal access to medical care was the first priority. While doctors can decide what services they will offer, they cannot deny those services to gay and lesbian patients. Also, a result of this case, the law was amended in 2006 to prohibit discrimination based on marital status, which was the doctor’s only defense.
By Kristen Ramos