California Top Court: Doctors Can't Withhold Care To Gays

nathansgirl1908 · Aug 18th, 2008, 04:58 PM

Don't really know if this has already been posted. I didn't see it, but I could have overlooked it. Anyway, I think it is quite interesting.

http://www.wsbtv.com/health/17223553...atl&psp=health

SAN FRANCISCO -- California's high court on 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.

The ruling was unanimous, a contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage.

Justice Joyce Kennard wrote in the ruling 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 led to the ruling, Guadalupe Benitez, 36, of Oceanside said 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.

The American Civil Rights Union supported the Christian doctors, siding with the Islamic Medical Association of North America, the Christian Medical & Dental Associations and anti-abortion groups.

The California Medical Association reversed its early support of the Christian doctors after receiving a barrage of criticism from the gay rights community, joining health care provider Kaiser Foundation Health Plan to oppose the Christian doctors.

The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association filed papers backing Benitez.

emmalawyer · Aug 18th, 2008, 05:41 PM

The ruling itself goes into my mental 'well...duh file', but I am very proud of the unanimity of the CA high court in reaching its decision!

Hopefully more states will follow suit.

ShimmaPuff · Aug 19th, 2008, 08:27 AM

Who would want to go to a doctor who would wish to? Ew.

nathansgirl1908 · Aug 19th, 2008, 08:28 AM

Quote:

Originally Posted by ShimmaPuff

Who would want to go to a doctor who would wish to? Ew.

lol True.

Jahpson · Aug 19th, 2008, 09:43 AM

Im really surprised in California for otherwise. Who knew this was an issue in that state. inequalities everywhere

Veelyn · Aug 19th, 2008, 02:41 PM

Why would they do it in the first place? Smh. A doctor should never withhold care for anyone.

~Fabulousity~ · Aug 19th, 2008, 02:47 PM

I didn't know docs were allowed to withhold care for religious reasons

Sternchen · Aug 19th, 2008, 03:27 PM

How in the world would they know if you're gay anyway?

Veelyn · Aug 19th, 2008, 03:27 PM

^ Right?

Jahpson · Aug 19th, 2008, 03:38 PM

Quote:

Originally Posted by Sternchen

How in the world would they know if you're gay anyway?

a very good question!

HauteMama · Aug 19th, 2008, 05:37 PM

Like it was mentioned in the article, the services that were refused were fertility-related. Many people discuss why they cannot get pg with their dr., and if a person is gay that would be apparent. I doubt dr.s are witholding life-saving medical treatment (at least I really hope no one ever would), but they are using religious beliefs as an excuse not to help gay couples or individuals with fertility treatments.

I applaud the decision. I think that all citizens are entitled to equal treatment and care, even when it comes to fertility treatments. If it is okay for a straight woman or couple, then gay individuals or couples must be entitled to the same treatment, IMO.

QueenOfDa702 · Aug 19th, 2008, 05:40 PM

Umm...duh?

ayla · Aug 19th, 2008, 07:56 PM

Quote:

Originally Posted by Veelyn

Why would they do it in the first place? Smh. A doctor should never withhold care for anyone.

Exactly ! Hippocratic oath and all !

Miyoshi637 · Aug 19th, 2008, 08:03 PM

...duh...... didn't they know that was illegal?

nathansgirl1908 · Aug 19th, 2008, 10:40 PM

I'm glad to get everyone's input on this story. I know that discrimination runs rampant, but this just seemed a little odd to me. I second what another person said though, I doubt (or at least sincerely hope) that there aren't doctors who are also withholding live-saving treatment from people because they don't agree with their lifestyle choices.

Aug 18th, 2008, 04:58 PM	#1
nathansgirl1908 Getting close!! Location: NC	California Top Court: Doctors Can't Withhold Care To Gays Don't really know if this has already been posted. I didn't see it, but I could have overlooked it. Anyway, I think it is quite interesting. http://www.wsbtv.com/health/17223553...atl&psp=health SAN FRANCISCO -- California's high court on 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. The ruling was unanimous, a contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage. Justice Joyce Kennard wrote in the ruling 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 led to the ruling, Guadalupe Benitez, 36, of Oceanside said 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. The American Civil Rights Union supported the Christian doctors, siding with the Islamic Medical Association of North America, the Christian Medical & Dental Associations and anti-abortion groups. The California Medical Association reversed its early support of the Christian doctors after receiving a barrage of criticism from the gay rights community, joining health care provider Kaiser Foundation Health Plan to oppose the Christian doctors. The American Civil Liberties Union, California Attorney General Jerry Brown, the National Health Law Program and the Gay and Lesbian Medical Association filed papers backing Benitez. Copyright 2008 by The Associated Press. All rights reserved. __________________ *Faith makes those things that are not, as though they were, until they become.* HA HA HA Feels great!

Aug 18th, 2008, 05:41 PM	#2
emmalawyer BLITHERING FOOL Location: with the teething twins!	The ruling itself goes into my mental 'well...duh file', but I am very proud of the unanimity of the CA high court in reaching its decision! Hopefully more states will follow suit. __________________ signature too large “Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.” --Dr. Seuss ( lil Bitsy's favorite bedtime reading)

Aug 19th, 2008, 08:27 AM	#3
ShimmaPuff Sentient Post Whore Location: Earth	Who would want to go to a doctor who would wish to? Ew. __________________ http://www.tzuchi.org/ http://www.commongroundrelief.org http://www.oxfamunwrapped.com/chooseagift.aspx Your Friendly Resident Poor Person Embrace Inspired Pride! http://mangonocturna.blogspot.com/

Aug 19th, 2008, 09:43 AM	#5
Jahpson Member Location: The Playground	Im really surprised in California for otherwise. Who knew this was an issue in that state. inequalities everywhere __________________ Amazingly Sophisticated Happy Holidays to all my TPF friends!

Aug 19th, 2008, 02:41 PM	#6
Veelyn ♥ Bill ♥ Location: The Zou!	Why would they do it in the first place? Smh. A doctor should never withhold care for anyone. __________________ ANIMAL CRUELTY IS NEVER ACCEPTABLE!! *PLEASE HELP GET JUSTICE FOR KARLEY!* *SIGN THE PETITION TODAY!* http://justice4karley.com/upcoming_events_3.html

Aug 19th, 2008, 02:47 PM	#7
~Fabulousity~ ...is rebooting	I didn't know docs were allowed to withhold care for religious reasons __________________ Every adversity, every failure, and every heartache carries with it the seed of an equal or greater benefit - Napoleon Hill

Aug 19th, 2008, 03:27 PM	#8
Sternchen We're having a boy!! Location: Beauty RAOK	How in the world would they know if you're gay anyway? __________________ My 2 wonderful girls, Nicole (5) and Julia (1) will be big sisters soon! My pregnancy blog

Aug 19th, 2008, 03:27 PM	#9
Veelyn ♥ Bill ♥ Location: The Zou!	^ Right? __________________ ANIMAL CRUELTY IS NEVER ACCEPTABLE!! *PLEASE HELP GET JUSTICE FOR KARLEY!* *SIGN THE PETITION TODAY!* http://justice4karley.com/upcoming_events_3.html

Aug 19th, 2008, 05:37 PM	#11
HauteMama Member	Like it was mentioned in the article, the services that were refused were fertility-related. Many people discuss why they cannot get pg with their dr., and if a person is gay that would be apparent. I doubt dr.s are witholding life-saving medical treatment (at least I really hope no one ever would), but they are using religious beliefs as an excuse not to help gay couples or individuals with fertility treatments. I applaud the decision. I think that all citizens are entitled to equal treatment and care, even when it comes to fertility treatments. If it is okay for a straight woman or couple, then gay individuals or couples must be entitled to the same treatment, IMO.

Aug 19th, 2008, 05:40 PM	#12
QueenOfDa702 Misunderestimated. Location: I've gone RAOKing crazy!	Umm...duh? __________________ ~Valeen~ Happy Holidays to all my tPF friends! Click HERE to visit MySpace Please help get justice for Karley! http://forum.purseblog.com/animalici...ey-385571.html

Aug 19th, 2008, 08:03 PM	#14
Miyoshi637 Frankin-Stinks Location: Bay Area	...duh...... didn't they know that was illegal? __________________ All I need for Christmas is new tires for my car!

Aug 19th, 2008, 10:40 PM	#15
nathansgirl1908 Getting close!! Location: NC	I'm glad to get everyone's input on this story. I know that discrimination runs rampant, but this just seemed a little odd to me. I second what another person said though, I doubt (or at least sincerely hope) that there aren't doctors who are also withholding live-saving treatment from people because they don't agree with their lifestyle choices. __________________ *Faith makes those things that are not, as though they were, until they become.* HA HA HA Feels great!