Posted on 12/03/2005 6:40:46 PM PST by SmithL
SAN DIEGO, (AP) --
A state appeals court ruled that two fertility doctors had the right to refuse to artificially inseminate a lesbian based on her marital status because it would have violated their religious beliefs.
Friday's ruling reversed a lower court decision that Drs. Christine Brody and Douglas Fenton could not use religion as a defense against a lawsuit filed by Guadalupe Benitez.
The panel found that the doctors were within their rights because they based their decision on Benitez's unmarried status and that discrimination based on marital status is not prohibited by state law.
Benitez, 33, sued the doctors and their small practice in Vista in 2001, claiming their actions violated California's anti-discrimination laws.
Benitez was eventually treated elsewhere and gave birth to a boy who is now 3 years old.
In her suit, Benitez claims that Brody told her in 1999 that her religious beliefs prevented her from helping a homosexual conceive a child by artificial insemination, but that other physicians at the practice would be able to help her.
The next year, Benitez said, she was told that both Brody and Fenton were unable to help her because they did not feel comfortable with her sexual orientation.
The doctors contend they denied treatment because Benitez and her registered domestic partner of 15 years were not married. But Benitez's attorneys said she was denied because of her sexual orientation, not her marital status.
An attorney for a gay rights group said the decision would be appealed to the California Supreme Court.
(Excerpt) Read more at sfgate.com ...
I know one of the defense attorneys in this case. This is GREAT NEWS!
Thanks for the post.
I assume the California Supreme Court will agree with the Appeals Court. Then, when it goes to the Federal level, the 9th Circus will overturn it.
You are probably correct though it all depends on how far they want to take it and how much money they are ready to spend.
Mark
No, the Circuit Courts do not review State Supreme Court decisions. A decision would have to go to the Supreme Court on writ of Certiorari.
If they want to get pregnant they'll have to do it the old fashioned way - earn it!
I'm not sure what Federal issue there could be, but I'm sure the Federal 9th circuit will find something. It will be something along the lines of: "A woman has a Constitutional right to demand to have something inserted into her vagina. Failure to comply results in a violation of her rights to pursue life, liberty, and the pursuit of happiness."
Sort of like abortion in reverse?
Sort of isn't it? A woman has the right to an abortion, and she has the right to a pregnancy.
This is indeed good news :-)
God, i can't wait to get out of this state..
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