Monday, November 3, 2008

Medical Service

From the website law.com I searched, same-sex marriages and I found a very interesting article about medical treatments and a lesbian couple. Guadalupe Benitez is a lesbian that is not married but in a steady relationship with her partner. Benitez was receiving fertility treatments from two doctors at North Coast Women’s Care Medical Group. After many treatments not working a doctor told Benitez that intrauterine insemination might have to be used. But the doctor that advised her about intrauterine insemination would not be able to perform the procedure because Benitez was a lesbian.

Benitez sued North Coast Women’s Care Medical Group for sexual orientation discrimination in violation of the Unruh Civil Rights Act. After a back and forth battle between the courts the California Supreme Court reversed, holding that the free exercise of religion clauses of the federal and state Constitutions did not provide the physicians an affirmative defense to Benitez’s Unruh Act claims of discrimination on the basis of sexual orientation. These doctors at North Coast Women’s Care Medical Group must follow the Unruh Act, “in ensuring full and equal access to medical treatment irrespective of sexual orientation, including a right to full medical assistance in establishing a pregnancy.”

I feel that this decision was the best outcome in this situation. I agree with the courts and believe that no one should be denied medical treatment because of sexual orientation. Even though this was not a necessary medical treatment, single women that are not in a relationship can have this procedure done but because Benitez was a lesbian this made her different. I believe that people are people and should not be denied medical services on behalf of their age, sex, race, religion, or sexual orientation.

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