California Appeals Court Hears Arguments in Case Involving Alleged Fertility Discrimination

Main Category: Fertility
Article Date: 16 Oct 2005 - 0:00 PDT

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A California appeals court on Tuesday heard arguments in the case of a lesbian woman who sued two physicians after they denied her artificial insemination treatment, allegedly because she is gay, the AP/Contra Costa Times reports. The case, which is expected to reach the U.S. Supreme Court, might be the first in the country to test whether health care professionals can deny fertility treatment to gays and lesbians, according to the AP/Times (Spagat, AP/Contra Costa Times, 10/12). Guadalupe Benitez, who sought artificial insemination to start a family with her partner of 15 years, filed a civil rights lawsuit in 2001 against her physicians and the North Coast Women's Care Medical Group after they refused to treat her. In the original suit, Benitez alleged that Drs. Christine Brody and Douglas Fenton violated California's civil rights statutes, which bar businesses and physicians from discriminating against gays, by refusing her the treatment. The physicians said they acted within the law because they refused to provide the procedure for religious reasons. However, the 4th District Court of Appeals ruled in March 2003 that doctors who deny treatment because of bias can be sued under state civil rights laws (Kaiser Daily Women's Health Policy Report, 3/6/03). Brody and Fenton are appealing a ruling by state Superior Court Judge Ronald Prager, who said the physicians could not cite religious beliefs as a defense because an exemption does not exist under the state's antidiscrimination law.

Arguments
Carlo Coppo, an attorney for the doctors, told a three-judge panel of the 4th District Court of Appeals that religion was relevant to his clients' decision to deny Benitez artificial insemination treatment. Coppo said that the physicians should be allowed to explain "what went through their hearts and minds when they did what they did." Jennifer Pizer of the Lambda Legal Defense and Education Fund, who is representing Benitez, argued that California's Unruh Civil Rights Act should have barred the doctors from denying the procedure based on her client's sexual orientation. Pizer said, "The state has a compelling interest to eradicate invidious discrimination." According to Lambda Legal, California is one of 17 states that have laws protecting gays and lesbians from discrimination, according to the AP/Times. The appeals court has 90 days to issue a ruling (AP/Contra Costa Times, 10/12).

KQED's "The California Report" on Wednesday reported on the case. The segment includes comments from Coppo and Pizer (Goldberg, "The California Report," KQED, 10/12). The complete segment is available online in RealPlayer.

KPBS' "KPBS News" on Tuesday reported on the case. The segment includes comments from Pizer (Goldberg, "KPBS News," KPBS, 10/11). The complete transcript is available online. The complete segment is available online in RealPlayer.


"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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