The case involves Guadalupe Benitez from Oceanside, a lesbian, who filed a lawsuit against doctors at a fertility clinic who refused to inseminate her artificially because the procedure would violate their faith which prohibits insemination on unwed females. The two physicians and the North Coast Women's Care Medical Group insisted their action was covered by their constitutional right to freedom of religion.
John Hollinger, a professor of family law at the University of California at Berkeley, pointed out it was vague if the religious freedom clause under the Constitution would protect that kind of selectiveness. "The case raises a whole series of questions about the basis for which people can be denied medical treatment, particularly the extent to which gays or lesbians could be denied access to reproductive technology," Hollinger told the Washington Post.
Kenneth Pedroza, the lawyer of the two doctors explained creation and termination of life are two areas in medical care in which freedom of religion could be invoked. Jennifer Pizer, legal counsel of Benitez, argued refusal of treatment on religious grounds must apply equally to all medical cases, not on a selective basis. Benitez maintained she was denied the treatment because she was a lesbian, not on account of her civil status.
The case started in 1999. In 2004, a trial court ruled in favor of Benitez, but the appeals court in 2005 reversed the trial court's decision. Although Benitez since then had given birth to a son and twin girl, she still pursued the case on behalf of other gay couples who are seeking similar medical procedures.
The Benitez case would likely add fuel to the raging religious debate in California over homosexuality, which the California Supreme Court sparked by ruling in favor of same sex marriages.
