Appeals court hears arguments in lesbian's discrimination lawsuit
By: SCOTT MARSHALL - Staff Writer | ∞
Senior Counsel Jennifer C. Pizer from Lambda Legal, discusses her case against the North Coast Women's Medical Care Group, at 4th District appellate court in San Diego on Tuesday.
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SAN DIEGO ---- A lesbian's lawsuit against two North County doctors who refused to artificially inseminate her allegedly because of their religious beliefs raised several legal issues for a state appeals court Tuesday as justices questioned how to reconcile state laws that protect religious freedom and those that prohibit discrimination.
After hearing arguments from attorneys at the 4th District Court of Appeal in San Diego on Tuesday morning, Associate Justice Gilbert Nares told both sides that he believed the case eventually will reach the U.S. Supreme Court.
Guadalupe "Lupita" Benitez of Oceanside sued the Vista-based North Coast Women's Care group and Dr. Christine Brody and Dr. Douglas Fenton in 2001 after the doctors refused to inseminate her.
Benitez alleged the doctors would not inseminate her because she is homosexual. Attorneys for the doctors say the physicians would not perform the procedure because Benitez was unmarried.
The lawsuit reached the state appeals court after a Superior Court judge ruled that the doctors could not argue as a defense at trial that they were exercising their religious liberty when they did not artificially inseminate Benitez. It marks the second time the appeals court has been asked to decide an issue in the case, which has not yet gone to trial.
A Superior Court judge dismissed the lawsuit, but a state appeals court reinstated it in 2003.
The 2003 appeals court opinion stated that Benitez alleged that Brody had said she "had religious-based objections" to helping homosexuals conceive children through artificial insemination. Benitez alleged that Brody agreed to provide Benitez fertility treatments, and said another doctor would be able to perform the insemination procedure, the opinion stated.
"This case is about sexual orientation discrimination," Benitez's attorney, Jennifer Pizer, told reporters Tuesday outside the courthouse
Attorney Carlo Coppo, who represents Brody and Fenton, said Tuesday that Benitez's sexual orientation was not the basis for the doctors' decision not to artificially inseminate her.
"Our clients made the decision not to perform an (intrauterine insemination) because Ms. Benitez is an unmarried woman," Coppo told reporters Tuesday.
Today, Benitez is the mother of a 4-year-old son and recently gave birth to twin daughters, Pizer said.
Brody told Benitez at their first meeting that she would not perform an intrauterine artificial insemination on an unmarried woman ---- regardless of whether the woman was homosexual or heterosexual ---- because of the doctor's religious beliefs, but that other doctors in the medical group could do the procedure, said Carlo Coppo, an attorney for the doctors.
Coppo said Brody and Fenton are Christians but that he had not asked them if they belonged to a specific denomination.
Benitez's attorneys said, however, that the doctors never mentioned Benitez's marital status in declarations filed in the case, but did talk about her sexual orientation. The excerpts of the declarations that Pizer read aloud included the doctors' denials of the discrimination allegations.
During arguments in court, the appellate justices asked about state laws that require employers to accommodate the religious beliefs of employees, that allow pharmacists to decline to provide medications such as birth control because of religious beliefs, and that let doctors decline to perform abortions or decline to stop life support for some patients based on their religious beliefs.
The justices and attorneys also discussed the state civil rights law that prohibits discrimination based on sexual orientation.
Pizer argued that doctors and businesses cannot accommodate religious beliefs in a discriminatory manner. For example, a pharmacist cannot refuse to give medicine to someone based on personal characteristics, Pizer argued.
"The state has a compelling interest in eradicating invidious discrimination," Pizer argued.
Coppo argued that the religious accommodations included in the law regarding pharmacists are "exactly what's laid out in this case" and that a jury should hear all of the evidence and decide whether the doctors had a good faith religious belief that prompted their decision.
Nares and Associate Justices Richard Huffman and Terry O'Rourke have 90 days in which to issue their opinion. Either side can then appeal to the state Supreme Court. If that court hears and decides the case, its decision eventually could be appealed to the U.S. Supreme Court.
Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.
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Ed wrote on Oct 12, 2005 1:39 PM:The individuals involved in this lawsuit, on both sides, ignore the interests of the child who would likely grow up in a homosexual family setting, presumably without a father owing to the mother’s declared lesbianism. Despite adult legal wrangling and the splitting of hairs and the law itself, children develop normal psychic make-ups only in a two-parent family. In other words, children from infancy onward need a parent of the opposite sex available for family relations in order to develop a normal social view of these relations, and, most vitally, to satisfy a deep-seated psychic need to relate intimately to a parent of the opposite sex. Homosexuals and their supporters can never argue away these two basic needs of every child. By ignoring these basic needs in practice, the homosexuals and their supporters reveal a personal selfishness advancing itself to the detriment of the children potentially involved. Sadly, we now see the state gradually bending to the persistent clamor of this narrow selfishness, without weighing the interests of the child, and without really considering the long-term impact to the state itself from children growing up with homosexuals instead of with a two-parent heterosexual family.
jw wrote on Oct 12, 2005 2:00 PM:"I believe that the doctors have the right to refuse to perform any procedure that is against their religious beliefs. She could have had the procedure administered by other doctors."
Sean wrote on Oct 14, 2005 1:59 PM:I feel sorry for children having to be raised in gay households 'cos kids can be cruel at school if they know that and the schools have to watch for that or get sued. The way things are going the age of sexual consent could be lowered to 12 years old and prostitution decriminalized. It just goes to show that sex and money rule the world.
Estelle wrote on Nov 17, 2005 4:17 PM:As a lesbian parent, I have a unique perspective about this. Actually, I wholeheartedly support the physician's right not to do the insemination. It was not a life or death situation and she was not the only doctor available. In a situation with an optional procedure, I believe a physician should have every right to refuse to perform something, for any reason, not just religion. However, the comments left before mine are wrong, sickening, and extremely narrow minded. Children pick on kids in school. For everything, not just having gay parents. And study after study have proven beyond a doubt that children raised by gay parents are just as well adjusted, just as 'normal' as any other kid. It is not selfish to want to parent, if you can parent that child well. It is selfish to bring a child into the world you cannot support, simply because it'll be fun. It is not selfish to go into parenthood with your lifelong partner and bring up a balanced, good natured, wonderful child. The world needs more people who are open minded and accepting than it does people raised by right wing zealots. My son is a perfect healthy happy little boy. He has two mommies that love him dearly and give him everything we possibly can. We provide for him, love him, nurture him, and protect him. That is what a parent does. He does not need a father. Many children are raised without fathers. I myself was raised by a single father and had a wonderful childhood, surrounded by love from everyone. That is what children NEED. Children need love, stability, nurturing, patience, and kindness, and they can get that from anyone. Two moms, two dads, one of each, their grandparents, foster parents, single parents. The notion that every child 'needs' a mother and a father is laughable and insane. I truly hope that the previous posters wake up and see that we are not evil people out to hurt them or rule the world. We simply want to raise our children in peace. And our children would not be tormented in school for having gay parents if other parents taught their kids that being gay is just another small facet to someone's life, and that we are no better and no worse than anyone else.
ASW wrote on Apr 12, 2006 5:45 PM:Prejudice of all sorts is bad. However, I support Dr. Brody's right to decline performing the procedure. This was not a life threatening situation and there were other qualified physicians willing and available to perform the procedure. In similar circumstances, physicians are able to decline medical care without being attacked. In medical schools, medical students can decline to learn and to perform abortions if they choose. Dr. Brody should be commended for standing up for her personal principles even though some would consider those principles politically incorrect. Again, in this case, there were other qualified, willing, and available physicians who could have provided the desired medical procedure.
Mike wrote on Aug 27, 2008 6:38 PM:I agree with Estelle. I mean, look how she turned out. Oh, never mind.
jabuchi wrote on Oct 20, 2008 9:13 AM:Someone needs to take a closer look at the statistics of single parent homes and how the children turn out. Children should have a father and a mother.
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