what makes a family?

The State of California came to its senses today when it decided that gays and lesbians (and maybe singles) are people too. 

Today the California Supreme Court ruled that doctors cannot, on the basis of their “religious” beliefs, deny fertility treatments to people based on their sexual orientation. The Court held that Caifornia’s law prohibiting discrimination against certain classes of people (including on the basis of gender) trumps religious freedom rights. In other words, it’s illegal to deny fertility treatment to gays and lesbians.

The case stems from a 2002 incident in which a lesbian was denied treatment by a fertility clinic in Oceanside (near San Diego). The woman later became pregnant through an IUI (performed at another clinic) and delivered a son. The doctors claimed they denied treatment because the woman was single, and not because she was a lesbian. Hello? File that under “WTF.” 

In 2005, a lower court ruled that the doctors’ religious freedom justified the denial. Sadly, the doctors were backed by several influential interest groups including the California Medical Association, and other religious groups. It is unclear whether today’s unanimous ruling will be appealed to the U.S. Supreme Court…

What the hell is wrong with people? I mean I’m thrilled the state has finally recognized the equal right of all people to try to procreate. But seriously. I can only hope that other states actually take note and that similar restrictions are lifted. I also like to think that any possible attempt to appeal the decision will be squashed. Wishful thinking?

~ by luna on August 18, 2008.

11 Responses to “what makes a family?”

  1. Thank God. I remember that case clearly back when it first happened. I don’t think it’s wishful thinking that someday all states will not be able to discriminate on the basis of sexual orientation. It will take time, though, and it will not be smooth sailing. As I said somewhere on my blog before, the GBLT community are now going through a Civil Rights movement of their own. It shouldn’t have to be such a struggle to have basic human rights. They will get there…how quickly and with how much more struggle is the question.

  2. The narrowness of some peoples’ minds continues to amaze me. I’m glad that the case was rule this way, but the fact that it had to be ruled upon is astounding. And the excuse was that she was single? Puh-lease!

    Thanks for sharing this news!

  3. Thanks for bringing this to my attention. I love to hear about progress in the right direction. Maybe it wouldn’t be a bad thing if the case was appealed and went to the U.S. Supreme Court as long as the U.S. Supreme Court upholds the ruling. More oomph in the right direction, right?

  4. Thank you for posting this. I knew nothing about it, and find it fascinating. If it ever does go to the supreme court I hope to God that they uphold the ruling. This is how I see it: one person’s reproductive rights, whether straight, marries, heterosexual, or homosexual, is everyone’s reproductive rights.

  5. Hmmm. Makes me wonder what the laws are here.

    And the part about the woman being denied treatment b/c she was single? What.Ever.

  6. This makes me so mad! Sometimes I wonder if or how often REs “make things happen” their way … the power they feel must be overwhelming at times. And I’m sure some of them abuse it. Scary thoughts, huh?

  7. That’s great news! I can only hope that similar legislation will be introduced here in the UK.

  8. I was thrilled when I saw this because it not only guarantees the rights of hopeful lesbian moms, but also, frankly, puts IF treatment OUTSIDE of the moral realm: If women have the right to attempt to become moms and pursue medical treatment and that right trumps the religious and speech freedom argued by the refusnik docs, can insurance mandates possibly follow? I hope so. Our lesbian sisters may be winning greater acceptance of IF as a medical issue unrelated to moral judgements and crusty old wives tales.

    More wishful thinking?

  9. Let me just say at the onset, thank goodness. And I further think that people — all people, regardless of what they think about this specific issue — had better start paying attention to the language going into these laws. Because they may very well some day curb rights of single people, and once we start putting limitations on assisted reproduction, when do we start poking our nose into procreation itself? I hate that doctors (and pharmacists) can skirt their oaths under the guise of religion. /off soapbox

  10. […] Or treatment sought by singles, gay men and lesbians. And it will, no doubt. This past summer, a California appeals court ruled that doctors could not refuse fertility treatment based on their religious beliefs regarding sexual […]

  11. […] – bookmarked by 5 members originally found by keasone on 2008-12-03 what makes a family? https://lifefromhere.wordpress.com/2008/08/18/what-makes-a-family/ – bookmarked by 2 members […]

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