State high court may give gays another victory
Justices are apparently leaning toward forbidding doctors from denying treatment based on their religious views. This would follow their ruling to grant same-sex marriages.
SAN FRANCISCO -- Two weeks after deciding that same-sex couples are entitled to marry, the California Supreme Court appeared inclined today to rule that physicians may not discriminate against gays in medical treatment, regardless of the doctors' religious views.
During oral argument here, the state high court considered the appeal of Lupita Benitez, a lesbian who claims that two obstetricians in San Diego County declined to perform an intrauterine insemination with donated sperm because of her sexual orientation.
The physicians contend they oppose helping any single woman become pregnant. They maintain they have a constitutionally protected right to their religious views and should not be required to act in opposition to them.
Justice Carol A. Corrigan, apparently skeptical of the doctors' position, asked one of their lawyers whether it is permissible to tell a patient, "I am not going to do it for you because of who you are."
At another point, Corrigan referred to the state's anti-discrimination laws, asking: "You're telling me that freedom of religion should trump statutory regulations?"
"I don't think you give up religion because it results in hard decisions," Corrigan said. "Seems to me we have a business decision, not a religious one."
Chief Justice Ronald M. George put the case in a racial context, asking if doctors could refuse to serve certain ethnic groups because of their religious creed.
In 1999, Benitez and her partner of 11 years decided to have a child. Benitez, hoping to become pregnant, went to the only provider covered by her insurance plan, North Coast Women's Care Group in Vista. She contends that Dr. Christine Brody, who gave her medication to help conceive a child from donated sperm, told her she did not approve of lesbians having children and would not personally perform the insemination procedure.
While Brody was on vacation, Benitez saw another physician, Dr. Douglas Fenton, who refused to renew her prescription for the medication, told her the staff was uncomfortable about helping her get pregnant and advised her to see a physician outside the group, Benitez said.
Benitez said that she had to spend thousands of dollars for an out-of-network doctor. She eventually conceived, and she and her partner, Joanne Clark, now have three children.
A Court of Appeal in San Diego ruled for the doctors, and Benitez appealed. California Atty. Gen. Jerry Brown and several civil liberties and gay rights groups have sided with Benitez, while religious groups, including Jewish rabbis and Islamic clergy, have argued that doctors have a right to refuse treatment that conflicts with their religious views.
The California Supreme Court on May 15 legalized same-sex marriage, in a ground-breaking decision that extended to sexual orientation the same broad protections against bias previously saved for race, gender and religion. Opponents have asked the court to stay the ruling until voters decide an initiative heading toward the November ballot that would amend the state Constitution to prohibit same-sex unions.
maura.dolan@latimes.com
