Calif. court ponders gay fertility service

Published: May 29, 2008 at 11:56 AM

SAN FRANCISCO, May 29 (UPI) -- California Supreme Court justices questioned the propriety of allowing doctors to refuse fertility treatments for homosexuals during a hearing on the issue.

The court heard arguments in San Francisco Wednesday on a lawsuit filed by a San Diego County woman who alleges her doctors refused on religious grounds to perform artificial insemination for her because she was in a lesbian relationship.

The court has 90 days to rule on the issue.

The San Jose Mercury-News said Thursday that the justices appeared cautious about granting physicians a religious exception to civil rights laws.

"The question is whether one can offer a given service, but you, no, I'm not offering it to you," Justice Carol Corrigan said to the lawyer for the doctors.

The lawyers for the doctors argued that the laws would be satisfied if the physicians refer the patient to someone who will provide the requested service.

The Mercury News said plaintiff Guadalupe Benitez was unwilling to see another doctor because of insurance restrictions.

© 2008 United Press International, Inc. All Rights Reserved.
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