Tuesday, August 19, 2008

Court: Lesbians' desires trump doctors' religious rights

A state Supreme Court today ruled that constitutional freedom of religion does not permit doctors to refuse services to homosexual clients, even when those services would violate doctors' moral and religious convictions.

In a unanimous decision, the California State Supreme Court ruled against two Christian doctors at a San Diego area fertility clinic who refused to provide a medical procedure for artificial insemination to a lesbian couple.

According to court documents, the doctors claimed their religious convictions prohibited them from using intrauterine insemination (IUI) on any unmarried woman, regardless of sexual orientation.

The court, however, agreed with the lesbian couple that Dr. Douglas Fenton and Dr. Christine Brody had refused the treatment because of the lesbian couple's homosexuality and ruled that in doing so, the doctors violated California's Unruh Civil Rights Act.

Some lauded the decision as a victory for civil rights, while others lamented it as a loss of basic constitutional freedoms. ....

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