No Denying Care To Lesbians And Gays – Rules Supreme Court

Quite unlike the divided opinion on permission for gay and lesbian marriages, the Californian Supreme court has unanimously ruled that religion can not be held as any grounds by medical practitioners to deny care to patients who are gay or lesbian in their sexual preferences.

As per the new ruling, any doctor or medical practitioner found denying gays or lesbians any kind of medical care is bound to find himself /herself guilty under the anti-discrimination law of California, thus, barring them from any sexual-orientation based discrimination.

The ruling passed by Justice Joyce Kennard stems from the case of two Christian, fertility doctors, who had denied performing artificial insemination for a lesbian couple. Thus as per the state law the two are held guilty of discrimination.

This much talked of case, filed in year 2000, is that of Guadalupe Benitez, 36, who, after going through a series of medical surgeries, and hormonal treatments found to her disbelief that when she was finally ready for pregnancy, her doctors were not!

Benitez who is a lesbian was denied the procedure of artificial insemination by her doctors, who refused to perform it on basis of religious beliefs.

Made to feel unworthy of having a child because of her sexual preferences, and feeling discriminated against, she decided to sue the doctors under the California’s Civil Rights laws.

"I did it not only for me, my partner and my children but for other people coming after me, so they don't have to go through the humiliation and frustration and abandonment as a patient," she said.

She was supported in her fight for justice by The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association.

The doctors on the other hand were backed by the American Civil Rights Union, anti-abortion groups and the California Medical Association initially. However, once the criticism from gay rights groups increased, many withdrew support.

Since Benitez’s treatment was covered under the insurance plan, she also sued The North Coast Women's Care Medical Group of San Diego, with which she had her health insurance, along with the two doctors- Dr. Doug Fenton and Dr. Christine Brody.

The doctors argued that the denial of the right to refuse on basis of religion is a denial of their constitutional right of freedom of religion.

However, despite all arguments and despite going through many ups and downs, since 2000, Benitez has finally got the Supreme Court’s stamp of approval for her cause, thus paving the way for many other people facing similar situations in their day to day lives.