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

8 Essential Rules for Known Sperm Donation in Australia

Sperm donation in Australia can be a generous, life-changing act. It can also become an expensive legal and emotional mess if people get the groundwork wrong. Known donor arrangements often begin with goodwill, trust and optimism. Unfortunately, none of those things is a substitute for legal clarity. When people talk about sperm donation in Australia,… Read More »8 Essential Rules for Known Sperm Donation in Australia

Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Parental alienation is one of the more troubling issues that can arise after separation. It can be subtle, it can be deliberate, and it can cause real harm to children. In family law matters, it often appears in the form of one parent undermining the child’s relationship with the other parent, sometimes slowly and sometimes… Read More »Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Surrogacy Counseling: The Key Differences Between QLD and NSW

Surrogacy counselling is one of the most important parts of any surrogacy arrangement, and it is also one of the most commonly misunderstood. That confusion does not just affect intended parents and surrogates. It can also affect lawyers, counsellors, and other professionals involved in the process. The reason is fairly simple. Both Queensland and New… Read More »Surrogacy Counseling: The Key Differences Between QLD and NSW

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