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California Supreme Court to Decide A Case Where Medical Rights v. Workplace Religious Freedom

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Soon after issuing its opinion that gay marriage cannot be prohibited under the Constitution, the California Supreme Court is about to issue a ruling in a case where a physician declined to provide fertilization services on a lesbian (unmarried) couple, but referred them to another clinic that did provide the service on the basis that performing the service would violate her Christian faith, and that’s how the use of medical malpractice lawyers could be the more viable option for this.

The physician, Christine Brody, has said she denied service because the couple was not married. Under the law at the time, they could not be married.  Guadalupe Benitez claims that this is unlawful discrimination based on her sexual orientation.

Can a physician decide not to perform a procedure if it violates his or her faith?  Does it include all procedures or only non-emergency procedures? 

This is the decision that the court will have to make. 

Read more about this clash between rights at The Washington Post:

http://www.washingtonpost.com/wp-dyn/content/article/2008/06/18/AR2008061802913.html

 

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  1. Thomas Dunn says

    Lambda Legal, with the assistance of the National Center for Lesbian Rights (NCLR), won a major gay and lesbian civil rights case before the California Supreme Court.

    Doctors in California must treat gays and lesbians the same as any other patient, regardless of religious objections, the California Supreme Court ruled today.

    This is a good day for civil rights in California!

  2. Thomas Dunn says

    Lambda Legal, with the assistance of the National Center for Lesbian Rights (NCLR), won a major gay and lesbian civil rights case before the California Supreme Court.

    Doctors in California must treat gays and lesbians the same as any other patient, regardless of religious objections, the California Supreme Court ruled today.

    This is a good day for civil rights in California!