Full Text of Decision: North Coast Women’s Care Medical Group v. Benitez – California Supreme Court (August 8, 2008)
Filed 8/18/08 IN THE SUPREME COURT OF CALIFORNIA NORTH COAST WOMEN’S CARE ) MEDICAL GROUP, INC., et al., ) ) Petitioners, ) ) S142892 v. ) ) Ct.App. 4/1 D045438 SAN DIEGO COUNTY SUPERIOR COURT, ) ) San Diego County Respondent; ) Super. Ct. No. GIC770165 _____________________________________ ) ) GUADALUPE T. BENITEZ, ) ) Real […]
Read MoreANALYSIS: California Supreme Court unanimously rules that physicians cannot withhold fertility treatments to homosexuals
Do the rights of religious freedom and free speech, as guaranteed in both the federal and the California Constitutions, exempt a medical clinic’s physicians from complying with the California Unruh Civil Rights Act’s prohibition against discrimination based on a person’s sexual orientation? The California Supreme Court says “No.”
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This overturned the decision the judges made in February requiring homeschooling parents to possess credentials. In their decision, they stated, “It is important to recognize that it is not for us to consider, as a matter of policy, whether homeschooling should be permitted in California . That job is for the Legislature. It is not the duty of the courts to make the law; we endeavor to interpret it.”
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