Calif top court: Docs can't withhold care to gays
Lawyer Blogs
California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.
Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."
In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.
Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.
The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.
Related listings
-
Ohio jury visits apartment in microwave death case
Lawyer Blogs 08/18/2008A jury in Dayton, Ohio, has visited the apartment where prosecutors say a woman killed her month-old baby by burning her in a microwave oven.The visit came ahead of opening statements Monday in the retrial of 28-year-old China Arnold. She's charged w...
-
Appeals court: Phil Spector's retrial can proceed
Lawyer Blogs 08/16/2008A California court panel has decided that the retrial of Phil Spector on a murder charge can proceed.A state appeals court on Friday rejected a defense request to halt the trial.The music producer's attorneys had requested a stay of the trial so they...
-
Appeals court orders Cuban militant to stand trial
Lawyer Blogs 08/15/2008A federal appeals court on Thursday ordered Cuban militant Luis Posada Carriles to stand trial in El Paso on immigration fraud charges.A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled that Posada, an 80-year-old...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.