Lesbian Insemination Lawsuit Settled

Guadalupe Benitez prevailed in her lawsuit against two doctors who refused to artificial inseminate her because of their religious beliefs and now, a settlement has been reached.  The Union-Tribune reports:

Benitez alleged that the doctors told her they would not inseminate her because their religious convictions — they are Christians — prohibited them from doing the procedure for a lesbian couple.

Benitez went to another doctor, got pregnant and had a child with her partner, Joanne Clark. The boy is now 7. The couple also have 4-year-old twins.

benitezclark

But she sued the doctors and clinic, arguing that the state’s civil rights laws do not allow doctors to discriminate against patients based on their religious beliefs.

A state appeals court in San Diego ruled in 2006 in favor of the doctors. But in August 2008, the state Supreme Court ruled unanimously for Benitez, saying that religious-liberty claims cannot excuse illegal discrimination.

Both the doctors and the couple released a joint statement in which the doctors said they were sorry that Benitez and Clark felt they were being treated differently because of their sexual orientation.

The doctors said they want “all of their patients, including those who are lesbian and gay, to feel welcome and accepted in their medical practice, and are committed to treating all of their patients with equal dignity and respect in the context of the highest quality of medical care.”

The doctors contended as the case went on that they declined to do the procedure because Benitez was unmarried — not because of her sexual orientation. But there was also evidence in the case early on that the doctors had acknowledged that they did not inseminate her because she is a lesbian.

California’s civil rights law allows doctors to opt out of performing specific procedures.  However, the medical procedures offered must be available to all.

Terms of the settlement have not been released. 

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