Benitez v. North Coast Women’s Care Center
Location: San Francisco, California
Court: Supreme Court of California
Standing up for a Christian’s right to extend his or her moral convictions into the workplace
Two physicians specializing in fertility treatment were sued by a lesbian woman because of their religious convictions against inseminating any unmarried woman, including a lesbian. The lesbian woman brought suit against the doctors and the medical group, alleging sexual orientation discrimination under California law. We filed an emergency appeal with the Court of Appeals after the trial court ruled against the doctors and their original attorneys. The Court of Appeals ruled in our favor. This case has been appealed to the California Supreme Court, which has asked all parties to address the following question: Does a physician have a constitutional right to refuse on religious grounds to perform a medical procedure for a patient because of the patient's sexual orientation? The briefing has been completed, and oral arguments were heard in May.
On Monday, August 18, 2008, in a 7-0 decision, the California Supreme Court restricted the religious liberty of these physicians' constitutional right to respect his or her conscience when deciding whether to perform a particular medical procedure. Read full press release here.
