Court Rules Religion Can't Excuse Doctors Who Denied Treatment to Lesbian

Upon learning that she was a lesbian, the doctors of Guadalupe Benitez refused to give her treatment for infertility, saying their religious beliefs prevented them from giving her access to a service they regularly provided to other patients. Benitez sued for discrimination.

In support of Benitez, the ACLU affiliates of Northern California, San Diego and Imperial Counties, and Southern California and the organization’s Reproductive Freedom and LGBT & AIDS projects filed an amicus brief with the California Supreme Court, arguing that religious freedom cannot be used to justify discrimination. The court agreed, and the ruling affirmed and strengthened the state’s long-standing civil rights laws.

The North Coast Medical Group argued that its doctors’ religious beliefs exempted them from the state’s civil rights law, which forbids discrimination based on sexual orientation. The decision affirms that freedom of religion is important, but is outweighed by the state’s compelling interest in ensuring full and equal access to medical treatment irrespective of sexual orientation.

While doctors may in some circumstances refuse to provide certain kinds of health care services, they may not simply refuse to provide care to some patients because of their race, gender, or sexual orientation.

LEGAL DOCUMENTS

CA Supreme Court Decision in Benitez v. North Coast Medical Group (Aug 18, 2008)
Amicus Brief (Apr 2, 2007)