Religious Exemptions

This brief responds to North Coast Women's Care Medical Group's petition to the court to throw out a previous ruling in favor of a woman discriminated against because of her sexual orientation. Despite the defendant's claims to the contrary, individuals whose actions are motivated by religious prejudice are subject to the same generally applicable laws as people motivated by secular beliefs.

Though the California Medical Association rightly condemns sexual orientation discrimination, its claim that a physician should be able to choose which procedures he performs is irrelevant to this case. Guadalupe Benitez was denied care based on her sexual orientation, not the physician's religious objections to the treatment and it should therefore be considered discrimination under the law.

This brief responds to the Christian and Dental Medical Associations claims that it is acceptable for physicians to deny care on the basis of their religious beliefs. A physician's decision to selectively deny care due to a patient's sexual orientation violates a patient's civil rights and is therefore unlawful despite his or her religious convictions.

Despite the California Medical Association's and Christian Medical and Dental Association's defense of a doctor's right to refuse care on the basis of conscience, the discrimination in this case was clearly based on sexual orientation. The CMA, AMA and mainstream medical community all condemn explicitly in their bylaws discrimination on the basis of this characteristic and therefore the doctor's actions in this case go against acceptable medical practice and violate the patient's civil rights.

This brief argues for the California Supreme Court to review and decide a case involving religiously motivated medical discrimation against a California woman on the basis of her sexual orientation. The Unruh Act is a California statute that prohibits this type of discrimination and review of this case will provide needed clarity as to what extent medical practitioners are allowed deny treatment due to their religious beliefs.

Lambda Legal's opening brief argues against the religiously motivated discrimination that has prevented Guadalupe Benitez from receiving the fertility treatment she needs. Benitez's doctors refused her treatment because of her sexual orientation clearly violating California statutes and the plaintiff's basic civil rights.