In California, the First Amendment is subordinate to the whims of the judges.  The Associated Press reports:

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.

What "treatment" was denied?  How was care withheld, as the AP headline claims?

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.

So what we’re really talking about here is an elective procedure, not "care" nor "treatment" of some condition.  And the doctors did everything up to the point where their religious convictions wouldn’t let them continue.  Even then, they instructed Benitez how to do it herself. 

A detail you won’t find here but is brought up in the WorldNetDaily coverage, the case was dismissed when it was originally brought, but liberal Californians can be certain that, no matter the obstacles, their Supreme Court can be counted on to come through. 

But don’t doctors have constitutional rights, too?  Well the California Medial Association used to think so, but they changed their tune "after receiving a barrage of criticism from the gay-rights community."  We have the bullying tactics of the "tolerant" Left connect with the political correctness of the medical community, with the result being a trampling of the Constitution. 

This is what passes for the imprudent "jurisprudence" we find on the Left Coast.  This almost calls for a Constitutional amendment, except we already have one and it doesn’t seem to be working. 

[tags]California Supreme Court,Constitution,homosexuality,First Amendment,religious rights,Douglas Fenton,Christine Brody,Guadalupe Benitez[/tags]

Filed under: CultureDougHomosexualityJudiciaryMedicineReligion

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