A California
appeals court heard arguments Tuesday in the case of a
lesbian who sued her doctors after they refused to
artificially inseminate her--a case that one of
the judges said was headed for the U.S. Supreme Court.
Drs. Christine Brody and Douglas Fenton are
appealing a state superior court ruling that prevented
them from raising religious freedom as a defense.
During one hour of arguments, attorney Carlo Coppo told
California's fourth district court of appeal that religion
was relevant to deciding whether his clients wrongly
denied fertility treatment to Guadalupe Benitez in
1999. The doctors should be allowed to explain "what
went through their hearts and minds when they did what they
did," Coppo told the three-judge panel. "My
clients--Drs. Fenton and Brody--are hoping
to tell their story at trial," he told reporters
outside court.
Benitez, 33, sued the doctors and their small
practice--North Coast Women's Care Medical Group
in Vista, north of San Diego--in 2000, claiming
their actions violated California's antidiscrimination laws.
Benitez's attorney, Jennifer Pizer of Lambda Legal,
argued that California law should have prevented the
doctors from refusing treatment based on her client's
sexual orientation. Under intense questioning, she likened
their denial to a waiter at a kosher restaurant who
serves only Jewish customers. "The state has a
compelling interest to eradicate invidious
discrimination," she told the court.
Justice Gilbert Nares predicted a long road
ahead. "As we all know, this is going to the U.S.
Supreme Court," he said. "It's just a question of
when." The appeals court has 90 days to issue a ruling.
(AP)