Tuesday, August 19, 2008

California Supreme Court Rejects Doctors' Rights of Conscience

Here's a story that will upset those who believe that the First Amendment protects our right to follow the dictates our conscience:

In a major decision likely to re-draw the battle lines of the gay rights movement, the California Supreme Court Monday ruled against two doctors who declined to artificially inseminate a lesbian.

The doctors, who are Christians, strongly believe that children should be raised whenever possible by a mother and father. To that end, they did not want to participate in the deliberate exclusion of a father as sought by Guadalupe Benitez and her partner, Joanne Clark. Instead, the doctors paid for a referral of Ms. Benitez to other fertility specialists who did not have any moral objections to administering the treatment, and she now has three children. Nevertheless, Ms. Benitez was so offended by the doctors' stance that she sued them under California's sweeping civil rights laws.

Monday, California's highest court unanimously ruled that the state's civil rights laws offer virtually no exceptions for people of faith. Unless the ruling is eventually overturned by the U.S. Supreme Court - which only hears about one percent of all the cases appealed to it - or is modified by the gay-friendly California legislature, its implications appear to be far-reaching. For instance, the ruling probably means that, regardless of their beliefs, everyone in the state's wedding industry must service gay weddings, California family law attorneys must handle gay adoptions and same-sex divorces, and so on.

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