Lesbian's Lawsuit Against Christian Doctor Back in Court This Week

[Chris_]

Lesbian's Lawsuit Against Christian Doctor Back in Court This Week

San Francisco (AP) - Guadalupe Benitez claims that after being treated with fertility drugs for nearly a year, her Christian doctors refused to inseminate her because she is a lesbian.

She sued and a San Diego County trial judge sided with her. But an appeals court reversed the ruling, and her lawsuit is scheduled to be heard by the California Supreme Court this week.

The case is closely being watched by civil rights and physician groups who think it could have consequences for other medical procedures, including abortion and end-of-life decisions.

"There is confusion among many health care providers who believe doctors have the freedom to pick and choose their patients," said Jennifer Pizer, an attorney with the gay rights legal group Lambda Legal who represents Benitez. "But doctors' ethics may not be exercised in a discriminatory way."

Benitez, now the mother of a 6-year-old boy and 2-year-old twin girls, sued Vista-based North Coast Women's Care Medical Group under a state law that prohibits for-profit businesses from arbitrarily discriminating against clients based on characteristics such as race, age and sexual orientation.

The appeals court noted that at the time Benitez sought treatment, California civil rights law still allowed businesses to restrict their clientele based on a customer's marital status and Benitez's doctors claimed the main reason they would not treat her was because she was unmarried.

Attorney Robert Tyler, who is representing the two North Coast doctors, said Benitez' claim that the physicians had a duty to inseminate her would be more convincing if the disputed procedure were a lifesaving measure instead of an elective one.

Tyler said the doctors acted compassionately and ethically, referring Benitez to the fertility specialist who succeeded in helping her get pregnant and offering to pay the extra costs.

"Here, the doctors are being asked to create life. Why shouldn't they be allowed to let their faith be an important part of their decision-making as it relates to either choosing to perform a procedure or referring the person to another physician who is willing to perform the procedure?" he said.

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Gays still demand to be more equal than everyone else.   

[Lord Undies]

"There is confusion among many health care providers who believe doctors have the freedom to pick and choose their patients," said Jennifer Pizer, an attorney with the gay rights legal group Lambda Legal who represents Benitez. "But doctors' ethics may not be exercised in a discriminatory way."

So, if doctor assisted suicide ever becomes the law of the land a doctor cannot refuse to kill you?

[Chris_]

The doctor should say it isn't because she's gay, its because she is a bitch.