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May 26, 2008

Court takes lesbian insemination case

SAN FRANCISCO—Do religious beliefs give doctors the right to withhold medical treatment from lesbians and gay men?

That's the question the California Supreme Court is scheduled to take up this week in a discrimination lawsuit brought by a lesbian who was denied artificial insemination at the only local obstetrics and gynecology office covered by her insurance.

Guadalupe Benitez, of Oceanside, alleges that after treating her with fertility drugs for nearly a year the staff of the private North Coast Women's Care Medical Group refused to inseminate her eight years ago because of her sexual orientation.

The case is being closely 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 under a state law that prohibits for-profit businesses from arbitrarily discriminating against clients based on characteristics such as race, age and sexual orientation.

 See Court takes lesbian insemination case
San Jose Mercury News,  USA -

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