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Calif. Court: Docs Can't Withhold Fertility Treatment to Gays

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SAN FRANCISCO (AP) — 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 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Most recent comments
  • Prophet
    Wed Sep 03, 2008 6:28 pm : 0 : 0 Flag

    I'm just trying to figure out how you claim that I know nothing about the scriptures? You've told me that twice, but yet offer no reason.

  • ...
    Wed Sep 03, 2008 1:23 pm : 0 : 0 Flag

    Prophet - I said I wouldn't discuss George any more. I wasn't talking about George in my comment to you. I was making reference to how little you understandknow what I was trying to say and how little you know/understand the Word of God.

  • Prophet
    Wed Sep 03, 2008 12:11 pm : 0 : 1 Flag

    ....
    I do know that you lied when you said you weren't going to discuss this anymore though.

  • Prophet
    Wed Sep 03, 2008 12:10 pm : 0 : 0 Flag

    ....
    LOL. How little you know of me and what I do know.

  • ...
    Tue Sep 02, 2008 8:08 pm : 0 : 0 Flag

    Prophet - How little you know.

  • Prophet
    Tue Sep 02, 2008 7:06 pm : 0 : 1 Flag

    song,
    I know. I know the whole story of Job, and how he was tested because God "bragged" on him. I know he remained faithful inspite of all that happened. And I know that God blessed him beyond what he originally had because of that.
    My point was to ... who insists that the only reason bad things happen to Christians is because they have sinned.

  • song2vs4
    Tue Sep 02, 2008 6:22 pm : 0 : 0 Flag

    Job ended up more wealthy in the end than the beginning.

  • Prophet
    Thu Aug 28, 2008 2:14 pm : 1 : 3 Flag

    Job was a very righteous man before God. Why did he lose everything, and end up homeless and sick?

  • Prophet
    Thu Aug 28, 2008 2:04 pm : 0 : 1 Flag

    ....
    Who says you have to hang around? Or respond to us? If you don't want to continue, then don't. It has nothing to do with whether we comment or not.

  • ...
    Thu Aug 28, 2008 1:58 pm : 0 : 0 Flag

    matthewr1 - Hear me well, I said that I will no longer discuss this issue with you. Why keep bring it up?

  • matthewr1
    Thu Aug 28, 2008 1:56 pm : 0 : 2 Flag

    Perhaps you'd do better defending your own position, than simply chuckling things away.

    "If you really believe that God intends to hurt you when you seek Him for His direction in life in a secular situation then go ahead and believe that. Just remember though that everytime you pray seeking God's direction as to what decision to make regarding a secular situation that God just might lead you to do something He knows will destroy or severely harm you and/or your family."

    Where can you find this principle in the Scriptures?

  • ...
    Thu Aug 28, 2008 1:45 pm : 0 : 0 Flag

    Prophet, matthewr1 - LOL

  • matthewr1
    Thu Aug 28, 2008 12:11 pm : 0 : 2 Flag

    Prophet. Job is a most excellent and fitting example here. Good observation.

  • Prophet
    Thu Aug 28, 2008 12:06 pm : 1 : 2 Flag

    There's another sign of a weak argument.
    It appears he assumes that when you become a Christian that everything is roses. That when if you follow the Spirit 100% of the time that nothing bad will ever happen to you. Unfortunately, many Christians backslide over such views. Because when something bad does happen, they blame God and become defensive and angry.
    I've read the Bible, and understand a lot (not nearly everything though), but I have yet to see where it tells me that when I give my heart to God, nothing bad will ever happen again.
    God may not "make" things happen to us, but He may "allow" it to happen. The story of Job is a good example. I wonder if ..... would be one of those who was trying to convice Job of some sin he may have commited to merit such tragedy in his life.
    Without difficulties, one never learns to rise above.

  • matthewr1
    Thu Aug 28, 2008 9:31 am : 0 : 2 Flag

    I'm not so concerned with those posts right now.

    You made a wildly incorrect statement, so both Prophet and I are calling you on it. My last post was quoting you word for word on your Thu Aug 28, 2008 2:09 am to Prophet.

    So rather than using rhetoric (such as calling people foolish and the like) to gloss over my response (to a quote ripped word for word from you) - instead why don't you try and prove my claim is fallicious.

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