START A PETITION 25,136,189 members: the world's largest community for good
START A PETITION
x
Dec 13, 2005


By Alexa Hinton
Mon Dec 12


A lesbian woman will challenge an appeals court ruling that permitted two doctors to claim a religious defense in their refusal to artificially inseminate her.
A California appeals court last week sided with the doctors, Christine Brody and Douglas Fenton, saying they can claim religious liberty in refusing to treat a patient who was gay because it was against their Christian beliefs.

Guadalupe Benitez filed a sexual-orientation discrimination suit against the doctors at a San Diego women's clinic after they refused to artificially inseminate her in 2000.

Benitez claims that on her first visit, Brody informed her that while her religious principles precluded her from performing the procedure on a gay woman, another doctor in the clinic would.

 

Benitez says, however, that after 11 months of costly, painful tests and surgeries, when the time came for the insemination procedure, she was turned down and told that she "would not be treated fairly" or "get timely care" at the clinic because of Dr. Brody's and other staff members' religious beliefs.

 

The doctors' lawyer, Carlo Coppo, said his clients were committed to fair treatment of Benitez — from fertilization to pregnancy and birth — but that aiding the actual act of conception compromised their religious views.

 

"[Brody] believes that participating in the [fertilization procedure], she is acting as the male," Coppo said. "It is an elective, invasive procedure, and to be there for the moment of conception, she religiously can't participate."

 

Benitez's attorney, Jennifer Pizer, said the appeals court ruling was troubling because it opened the door to all kinds of discrimination.

 

"It certainly is a social problem and a legal problem if someone enters a commercial business and can be told they will not receive the same services that another person can," Pizer said.

 

Both attorneys agree the case is the first of its kind and tests whether a doctor can choose who to treat based on religious beliefs.

 

Coppo says denying doctors their religious rights is also a form of discrimination, and that the law allows doctors to choose who they treat consistent with their religious convictions as long as they offer alternative means for care.

 

Pizer says a doctor's religious freedoms should not come at the expense of a patient's care.

 

When the case goes to trial, a jury will also be asked to decide if Benitez was denied the fertilization procedure because of her sexual orientation or her marital status.

 

In 2000, California's Unruh Civil Rights Law protected sexual orientation from discrimination by businesses, but not marital status.

 

Coppo said Benitez's marital status was the issue — as lesbians, she and her domestic partner are not legally married. Pizer, however, said sexual orientation was always the factor and the defendants' language in court documents will prove that.

Visibility: Everyone
Posted: Tuesday December 13, 2005, 2:56 am
Tags: [add/edit tags]

Group Discussions
Comments
Or, log in with your
Facebook account:

Kicka P. (358)
Tuesday December 13, 2005, 3:07 am
My question here and now, is: Are Christians beginning to flex their muscles, all because we have a so-called Christian President? or, are we looking at a new wave of people panicing to protect their religious rights? Whats going on here?

Past Member (0)
Tuesday December 13, 2005, 5:58 am
Wait, they can't be there for the conception part, but they're doctors that do in vitro for a living. Wouldn't that mean they can't be there for any conception? Wow, those doctors are really bad at double-talk.

Michael K. (146)
Monday January 9, 2006, 2:30 am
I actually can't believe this happened. What a waste of time, they should have refered her to a clinic that would have helped her. I think this is very wrong, I hope she is able to have a child after all this. Hugs to you for going through all this. Children are a gift, and she desearves to be able to have them too.

Phillipe Bojorquez (8)
Friday February 10, 2006, 2:45 pm
Wow this is an intense moment. While i belive in being able to live by the conviction of your beliefs i.e. religion i also belive in equall treatment for all parties involved. If you are unwilling to treat a patient like everyone else you need to have special exemption under the freedmon of religon act. And it needs to be publically posted somewhere. Also, To be told that my collegue can help where as i cannot and then to be told well that isnt true after ive collected your money shows a weak set of morals to begin with.

gayle p. (2)
Wednesday March 28, 2007, 7:22 pm
Quit whining and just take responsibility and get another doctor. What's the problem? Some people are gay and some people are straight...that goes for doctors too. Get it?

Past Member (0)
Saturday April 28, 2007, 8:02 pm
I agre w/ this quote: "a doctor's religious freedoms should not come at the expense of a patient's care."

The lez' couple should just take the simple rout though, and simply find a willing doctor.

Jay Bolo (0)
Saturday October 24, 2009, 12:04 pm
It's crazy when you hear all these horror stories about someone trying to learn about artificial insemination that are not the standard couple. Hopefully one of these days this will stop.

Author

Kicka P.
female, age 51, single, 4 children
Chicago, IL, USA
KICKA'S SHARES
Mar
16
(2 comments  |  discussions )
\nST. POELTEN, Austria – An Austrian who fathered seven children with a daughter he held captive for 24 years refused to even speak to her for years, coming into the squalid cellar only to rape her, often in front of the youngsters, a prosecutor ...
Feb
14
(1 comments  |  discussions )
<!- 125 -->   <embed src=\"http://web.splashca st.net/go/skin/QTUD6624KC /sz/wide\" wmode=\"Transparent\" width=\"380\" height=\"416\" allowFullScreen=\"true\" type=\"application/x-shoc kwave-flash\" /><table width=\"380\" border=\"0\" cellspacing=\"0...
Feb
7
(1 comments  |  discussions )
\n Upcoming Events - February 2009Table of Contents Upcoming Events Contest Results Upcoming Pow Wows PowWows Gallery\r\n\r\nPowWowTV\r \n\r\nPowWow360.com\r\n\r \nPowWows.com Merchandise\r\n\r\nUpcomi ng Native American Events \r\nNativeGatherings.com lists hundreds ...
Jul
11
(0 comments  |  discussions )
OH! HOW I miss you all! I am still drowning in my slump. Im still trying to get on my feet. But, I sometimes think there is no hope. But, somehow I always seem too dust off my feet, and keep pushing on. If anyone wants to contact me, my number is...


SHARES FROM KICKA'S NETWORK
Feb
15
(0 comments  |  discussions )
New Petition! Speak out against Time-Warner Merger with Comcast! Let your opinion be know before your bill goes up and your programming choices dwindle.\\r\\n\\r\\nUrge DOJ and FCC to Not Allow Merger of Time-Warner and Comcast\\r\\nhttp://www.t hepetitionsi...
Feb
13
(0 comments  |  discussions )
New Petition! Speak out against Time-Warner Merger with Comcast! Let your opinion be know before your bill goes up and your programming choices dwindle.\\r\\n\\r\\nUrge DOJ and FCC to Not Allow Merger of Time-Warner and Comcast\\r\\nhttp://www.t hepetitionsi...
Jan
21
by Uno D.
(0 comments  |  discussions )
I love my Macbook, but reently thought I had reason to shop for a new one. In doing some research, I came across this ... which I found interesting.  I had a positive image of Apple ... not anymore ... \\r\\n \\r\\nhttp://impressiveen gineering.com/d...
Dec
24
by Good H.
(0 comments  |  discussions )
\\nNorthern California Beach Reading 500 CPM on 12/20/2013 - Fukushima Radiation Is Here. Via @ AGreenRoad. \\r\\nFr om Rense; \\\"The above video was taken today with an Inspector Plus Geiger counter by \\\'Dave\\\', giving readings on a Northern Californ...
Dec
11
(0 comments  |  discussions )
\\n\\r\\nArt/Act: Good Thx/Mourning, World AIDS, Int‘n‘l Women‘s Days to All, create for All, write on :) These actions on Disabled Greens News and discussion: Unhacked version:\\r\\n \\r\\nhttp://groups.yahoo .com/group/DisabledGreens News/...


MORE MEMBER BLOGS
Mar 31
Blog: How to Extend the Life of your TRIAD Boilers by Kayleigh L.
(0 comments  |  discussions ) — \\nHow to Extend the Life of your TRIAD Boilers \\r\\n \\r\\nCorlis Engine Review\\r\\nEvery user desires to prolong the life of a unit. TRIAD assists their clients in achieving this important objective by informing them of ways they can avoid problems... more
Feb 27
Blog: Dr Oz Weight Loss - The 100% Natural And Very Efficient Diet Pill by Debra S.
(0 comments  |  discussions ) — \\nYes, Dr. Oz called Garcinia Cambogia Extract (HCA) the Holy Grail of Weight Loss. He went on to say, “Anytime I see a scientist get this excited about something like Garcinia Cambogia Extract and when I looked through some of this research and... more
Blog: My Favorite Websites by krysta I.
(0 comments  |  discussions ) — \\nIFAW: www.ifaw.org\\r\\nOCEANA www.oceana.org\\r\\nPETA: www.peta.org\\r\\nEARTH 911: www.earth911.org\\r\\nANI MALs ASIA: www.animalsasia.org\\r\\n \\r\\n\\r\\n\\n more
Feb 21
Blog: testing one two three by Geoff M.
(0 comments  |  discussions ) — hello world more
Blog: Garcinia Cambogia Reviews From Actual People Garcinia Pure Extract Is A Huge Success February 20 by Dany M.
(0 comments  |  0 discussions ) — \\nGarcinia Cambogia Reviews From Actual People Garcinia Pure Extract Is A Huge Success February 20\\r\\nGarcinia Cambogia System The Dr. Oz Lose Weight Quick Process Without Having Side Effects\\r\\nHe went on to say, “At any time I see a researcher... more
 
Content and comments expressed here are the opinions of Care2 users and not necessarily that of Care2.com or its affiliates.