California: doctors cannot discriminate against lesbians on the basis of religion

California: doctors cannot discriminate against lesbians on the basis of religion

Justice Joyce Kennard
The California Supreme Court has ruled unanimously, in a decision written by Justice Joyce Kennard, in Benitez v. North Coast Women’s Care Medical Group [PDF file], that doctors of the North Coast Women’s Care Medical Group cannot deny medical treatment to people based on their sexual orientation. In 1999, that Group refused to provide fertility treatments to Lupita Benitez because Benitez was a lesbian in a same-sex relationship. In its historic decision, the court ruled that California law prohibited such discrimination and rejected the doctors’ argument that their religious beliefs should enable them to deny treatment based on their religious objections to serving lesbian patients.

History of the case

The trial court rejected the doctors’ defence. The doctors, unhappy with the result, appealed to the Court of Appeal. That court held that the doctors had to be given an opportunity to demonstrate that their refusal to treat Lupita Benitez was not based on her sexual orientation. Lupita Benitez then appealed to the California Supreme Court.

The California Supreme Court said:

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? Our answer is no.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

International Surrogacy Births Hit a New Record

For every child born through surrogacy in Australia, around five children born overseas through surrogacy now apply for Australian citizenship by descent. That is the picture emerging from the latest figures discussed here. It is a striking comparison, even allowing for the fact that the domestic and international figures measure different things. In the year… Read More »International Surrogacy Births Hit a New Record

Surrogacy law reform: what’s next after the ALRC inquiry

The Australian Law Reform Commission’s surrogacy inquiry could be an important moment for Australian families. Its report has been delivered to the Commonwealth Attorney-General and is due to be tabled in federal parliament. The question is not simply what the report recommends. It is whether Australia’s nine governments will work together to turn those recommendations… Read More »Surrogacy law reform: what’s next after the ALRC inquiry

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome means being born without a uterus. It does not mean that parenthood is impossible. For women with Mayer-Rokitansky-Küster-Hauser syndrome, often shortened to MRKH, the journey to understanding their body can begin at a young age. Many discover in their early teenage years, commonly around 14 or 15, that they will not be able… Read More »MRKH syndrome: how surrogacy can help you become a parent

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board