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Lesbian denied IVF sues doctors
Herald Sun ^ | 26 April 2006

Posted on 04/25/2006 4:52:23 PM PDT by Aussie Dasher

A WOMAN whose doctors refused her infertility treatment because she is a lesbian has sued before California's Supreme Court, her lawyer said today.

"Our client's doctors' behaviour goes against established medical ethics and violates California civil rights law," said Lambda Legal lawyer Jennifer Pizer in a statement announcing the suit was filed yesterday.

"The doctors claim a right not to comply with California's civil rights law because they are fundamentalist Christians and they object to treating a lesbian patient the same way they treat other patients," the group said in a statement.

An appeals court overturned a trial court decision that Guadalupe Benitez was denied infertility treatment in violation of California law.

"Doctors are supposed to treat their patients, not make religious judgments about them," Ms Benitez said in a statement.

"I trusted my doctors and then they humiliated my family and me by refusing to perform the insemination procedure after they'd been treating me and promising it to me for nearly a year," she said.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events; Philosophy; US: California
KEYWORDS: caglbt; california; doctors; guadalupebenitez; homosexualadoption; homosexualagenda; innocentchildren; ivf; lawsuit; lawsuite; lesbians
Surely, a test case on Freedom of Religion?
1 posted on 04/25/2006 4:52:27 PM PDT by Aussie Dasher
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To: Aussie Dasher
Christians are not entitled to Freedom of Religion.
2 posted on 04/25/2006 4:55:02 PM PDT by CAWats (And I will make no distinction between terrorists and the democrats.)
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To: Aussie Dasher

"...to perform the insemination procedure after they'd been treating me and promising it to me for nearly a year..."

I that's true, they don't have much of a leg to stand on.


3 posted on 04/25/2006 4:56:40 PM PDT by Buck W. (If you push something hard enough, it will fall over.)
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Comment #4 Removed by Moderator

To: CAWats

I suppose the doctor has to make the point that they didn't know she was drug dependent, depressed, sexually promiscuous, and attracted to perverted activity. Due to that realization, they decided that a child would not be appropriate for her.


5 posted on 04/25/2006 4:58:15 PM PDT by Donald Meaker (A Turk is always a Turk, but you don't know WHAT a Christian will do.)
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To: Donald Meaker

Were there no other doctors that she could go to?


6 posted on 04/25/2006 5:00:00 PM PDT by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Aussie Dasher

Why didn't she just go see another doctor?


7 posted on 04/25/2006 5:00:35 PM PDT by montanus
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To: Donald Meaker

Drug dependent?! They were giving her fertility drugs. Buck W. is correct.


8 posted on 04/25/2006 5:00:58 PM PDT by BagelFace (BOOGABOOGABOOGA!!!)
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To: Aussie Dasher

If she wants a kid, let her do it the old fashioned way.


9 posted on 04/25/2006 5:01:53 PM PDT by Kenny Bunkport
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To: Aussie Dasher

>>A WOMAN whose doctors refused her infertility treatment because she is a lesbian has sued before California's Supreme Court, her lawyer said today.<<


Considering how incredibly intimate this procedure is, why would a woman want to force someone to do it who doesn't want to.

If a doctor was negatvie toward me for whatever reason, darn if I'd want his hands up inside me.

Not to mention this isn't like prescription in the middle of the night -there is plenty of time to choose another doctor.


10 posted on 04/25/2006 5:04:42 PM PDT by gondramB (He who angers you, in part, controls you. But he may not enjoy what the rest of you does about it.)
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To: Aussie Dasher
Arnold’s Gay Rights Give-and-Take - Governor signs civil rights bill...
Coast Weekly ^ | Oct 06, 2005 | Jessica Lyons
Posted on 10/05/2005 9:18:18 PM PDT by calcowgirl

Late last week, while the media focused on his veto of the same-sex marriage proposal, Gov. Arnold Schwarzenegger signed a bill [AB1400] intended to protect gay men and lesbians against discriminatory business practices.

Apparently, not too many people noticed.

Assembly Bill 1400, the Civil Rights Act of 2005, authored by Central Coast lawmaker John Laird, will expand anti-discrimination codes by including sexual orientation in the law. It builds upon the Unruh Civil Rights Act, which prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, or medical condition. Laird’s bill forbids all businesses that provide services, goods or accommodations to the public—including shopping malls, hotels, bars and restaurants, schools and medical offices, among others—from discriminating based on sexual orientation, gender identity or marital status.

Schwarzenegger signed this legislation into law on Sept. 29, the same day that he vetoed the same-sex marriage bill—an action that made state and national headlines.

11 posted on 04/25/2006 5:06:12 PM PDT by calcowgirl
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To: Aussie Dasher
Surely, a test case on Freedom of Religion?

That was a joke,wasn't it? After all,this *is* California we're talking about.

12 posted on 04/25/2006 5:07:06 PM PDT by Gay State Conservative
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To: Aussie Dasher

"refusing to perform the insemination procedure"

What's wrong with the old fashion way?


13 posted on 04/25/2006 5:09:07 PM PDT by toddlintown (Lennon takes six bullets to the chest, Yoko is standing right next to him and not one f'ing bullet?)
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To: Gordongekko909; montanus
Were there no other doctors that she could go to?

My guess is she stuck with this doctor on purpose--to test the new "Civil Rights" law passed in September (see post #11).

14 posted on 04/25/2006 5:10:17 PM PDT by calcowgirl
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To: Aussie Dasher

"I trusted my doctors and then they humiliated my family and me by refusing to perform the insemination procedure after they'd been treating me and promising it to me for nearly a year," she said.

This woman is a flat-out liar and so is her disgusting attorney.

1) She was recently married...to a man. She presented herself initially to this clinic as a married woman.

2) This clinic, though refusing to perform the insemination once they found out the truth, referred her to another area clinic that would inseminate her!

This is a conflation of the oath that binds doctors to treat ill or dying patients regardless of their means or status and an extreme political agenda that aims to stamp out ALL relgious freedom and expression.

People like this have no respect for the Constitution or their fellow Americans. It's such a joke that these are the same people that claim Christians and Conservative are trying to "impose" our ideology on them. HA!


15 posted on 04/25/2006 5:16:04 PM PDT by RaiderNation1
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To: calcowgirl
My guess is she stuck with this doctor on purpose--to test the new "Civil Rights" law passed in September (see post #11).

Of course she did. These people are intentional about everything they do.

16 posted on 04/25/2006 5:17:28 PM PDT by montanus
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To: calcowgirl

I believe that you are right. She (he?) saw lawsuit written all over this office visit. She (he?) wasn't denied anything, She (he?) could have found willing and competent implantists within the same zip code as the people that She (he?) is trying to sue. She (he?) didn't try hard enough, or didn't try at all.


17 posted on 04/25/2006 5:20:17 PM PDT by joem15 (If less is more, then what is plenty?)
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To: CAWats

"Christians are not entitled to Freedom of Religion."

According to liberals Christians aren't a religion, they're a racist cult. After all, we MUST be if we disagree with their politics!


18 posted on 04/25/2006 5:24:52 PM PDT by NavySon (Ted Kennedy, the only man whose BAC is greater than his IQ)
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To: calcowgirl
Civil Rights Act of 2005, authored by Central Coast lawmaker John Laird, will expand anti-discrimination codes by including sexual orientation in the law

EVERY sexual orientation?

19 posted on 04/25/2006 5:26:42 PM PDT by A. Pole (Solzhenitsyn:"Live Not By Lies" www.columbia.edu/cu/augustine/ arch/solzhenitsyn/livenotbylies.html)
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To: toddlintown

Actually IVF isn't merely artificial insemination. It requires 120 hormone injections over a thirty day period which hyperdrives her reproductive system producing 10-20 eggs. The eggs are then removed, examined, then the best ones are fertilized and then put back in.


20 posted on 04/25/2006 5:27:15 PM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: montanus
Why didn't she just go see another doctor?

Guess you haven't known many lesbians. They're a cantankerous lot.

21 posted on 04/25/2006 5:27:31 PM PDT by gotribe (It's not a religion.)
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To: NavySon

>According to liberals Christians aren't a religion, they're a racist cult. After all, we MUST be if we disagree with their politics!

To Liberals (are you listening CNN?)Christians are bible-thumping, pick-driving-with-rifle-in-rack-Johnny-Cash-listening-moonshine-drininking-wife-beating-freaks
who want to do away with all that's holy to the Left.
When in reality ITS THE PRAYERS OF THE CHRISTIANS THAT ARE HOLDING THIS COUNTRY TOGETHER!!


22 posted on 04/25/2006 5:39:32 PM PDT by CAWats (And I will make no distinction between terrorists and the democrats.)
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To: A. Pole
Yep! And perceived orientation, too!

From AB 1400:

51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (snip) (e) For purposes of this section: (4) "Sex" has the same meaning as defined in subdivision (p) of Section 12926 of the Government Code. (5) "Sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation" includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. (6) "Sexual orientation" has the same meaning as defined in subdivision (q) of Section 12926 of the Government Code.
--- CALIFORNIA CODES GOVERNMENT CODE
Section 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (snip) (p) "Sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. "Sex" also includes, but is not limited to, a person's gender, as defined in Section 422.56 of the Penal Code. (q) "Sexual orientation" means heterosexuality, homosexuality, and bisexuality.
--- Full Text of AB 1400: http://www.leginfo.ca.gov/pub/bill/asm/ab_1351-1400/ab_1400_bill_20050929_chaptered.html Text of Sec 12926: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=01223914968+13+0+0&WAISaction=retrieve

23 posted on 04/25/2006 5:45:55 PM PDT by calcowgirl
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To: BagelFace
Why do you reckon she didn't go to another doctor. She could take her body, already full of fertility drugs, and get what she wanted.

24 posted on 04/25/2006 5:53:21 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Wristpin

"Actually IVF isn't merely artificial insemination. It requires 120 hormone injections over a thirty day period which hyperdrives her reproductive system producing 10-20 eggs. The eggs are then removed, examined, then the best ones are fertilized and then put back in.'

Thanks for the info. That certainly clears up a lesbian practice that goes aginst God's will.


25 posted on 04/25/2006 5:58:57 PM PDT by toddlintown (Lennon takes six bullets to the chest, Yoko is standing right next to him and not one f'ing bullet?)
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To: toddlintown

The article is poorly written. Usually IVF is for couples having bona fide problems concieving. I'm not sure if she had problems or just needed a sperm donor since she is a lesbo.


Anyway, if IVF is successful, frequently results in births of twins and triplets. Perhaps her unstable lifestyle led the doctor to believe it wasn't a good idea "to make" triplets for such a person. The diaper changes and feedings would nearly kill a person doing it alone.


26 posted on 04/25/2006 6:09:22 PM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: gotribe
Guess you haven't known many lesbians.

I dated one once...

27 posted on 04/25/2006 6:19:27 PM PDT by montanus
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To: montanus
I dated one once...

So did I. All the women I meet are either lesbians or have boyfriends in Canada.

28 posted on 04/25/2006 6:28:19 PM PDT by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: Aussie Dasher
"Surely, a test case on Freedom of Religion?"

What does religion have to do with it?
There is no medical "right to artificial insemination" or any other medical practice, in order to "reproduce".
29 posted on 04/25/2006 6:45:14 PM PDT by sarasmom
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To: Aussie Dasher

If they promised the treatment and then refused after taking the money I'd say she has a pretty good case.


30 posted on 04/25/2006 6:48:21 PM PDT by durasell (!)
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To: Aussie Dasher
Hey, a turkey baster and me, what more does she need?


31 posted on 04/25/2006 7:35:01 PM PDT by Michael.SF. ("Cynicism, is an unpleasant way of telling the truth" -- Lillian Hellman)
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To: Aussie Dasher; AFA-Michigan; AggieCPA; Agitate; AliVeritas; AllTheRage; An American In Dairyland; ..
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32 posted on 04/25/2006 9:31:13 PM PDT by DBeers ()
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To: calcowgirl

Ah, the slippery slope at work.


33 posted on 04/26/2006 12:11:37 AM PDT by WOSG (http://freedomstruth.blogspot.com/)
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To: VoiceOfBruck

Ping to #11 & #23 re: slippery slope (yeah, the one liberals claim doesn't exist).


34 posted on 04/26/2006 10:21:43 AM PDT by Zechariah_8_13 (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: montanus; Gordongekko909

She is obviously not very resourceful. I thought lesbians went in for the turkey baster method of insemination.


35 posted on 04/26/2006 10:39:06 AM PDT by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
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To: Polyxene

My mind's eye just went blind. I am SO suing you.


36 posted on 04/26/2006 10:41:00 AM PDT by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: montanus

According to an article in the San Diego Union Tribune she was told they would not treat her at the first visit, went to another doctor (outside her insurance plan) and now has a son.


37 posted on 04/26/2006 10:47:53 AM PDT by pnz1
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To: Aussie Dasher

Is "infertility treatment" the correct term to use in this situation? Doesn't seem like it to me?


38 posted on 04/26/2006 10:48:58 AM PDT by pnz1
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To: Aussie Dasher

I also read that she is pregnant again with twins.


39 posted on 04/26/2006 10:51:27 AM PDT by pnz1
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To: Aussie Dasher

I'm getting P.O.'d.


40 posted on 04/26/2006 10:52:54 AM PDT by LK44-40
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To: Gordongekko909

Sorry, Gordo! Couldn't help myself! LOL!


41 posted on 04/26/2006 11:19:01 AM PDT by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
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To: William Terrell
Why do you reckon she didn't go to another doctor. She could take her body, already full of fertility drugs, and get what she wanted.

I don't know - but these fertility docs tend to do things slightly differently from place to place - and may have required she started from scratch again. Otherwise I'm not sure.

42 posted on 04/30/2006 9:29:58 PM PDT by BagelFace (BOOGABOOGABOOGA!!!)
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