Some good news out of the California Supreme Court who ruled, unanimously, that
gays and lesbians may not be denied medical procedures based on the practioner's "religious beliefs":
California's high court Monday barred doctors from withholding medical care to
gays and lesbians based on religious beliefs, ruling that state law prohibiting
sexual orientation discrimination extends to the medical profession.
In
contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage,
which resulted in lengthy majority and dissenting opinions, the unanimous ruling
Monday was a succinct 18 pages written by Justice Joyce Kennard.
Kennard
wrote that two Christian fertility doctors who refused to artificially
inseminate a lesbian have neither a free speech right nor a religious exemption
from the state's law, which "imposes on business establishments certain
antidiscrimination obligations."
In the lawsuit that spurred the ruling,
Guadalupe Benitez, 36, of Oceanside said that that the doctors treated her with
fertility drugs and instructed her how to inseminate herself at home but told
her their beliefs prevented them from assisting her further.
The case
drew numerous "friends of the court" briefs from a wide variety of religious
organizations, medical groups and gay civil rights organizations.
This is an interesting ruling, because it applies to elective procedures, not just those that are deemed medically necessary. This case, much like the cases prior that involved religious pharmacists who refused to dole out contraceptives, is of mass importance, because when doctors and those who provide medication begin cherry picking who they will and won't treat there inherently becomes a division due to discrimination.
Share your thoughts on the ruling in the comments.
