Doctors can't use bias to deny gays treatment

I was quite surprised that this was still an issue, especially in California. I found this to be interesting since most doctors swear an oath to help patients but apparently this does not hold true for all patients for some doctors. Interesting read regardless of your sexual orientation. What if your gay uncle was denied healthcare based on one ridiculous issue? Its odd that we still live in a world where this kind of rhetoric still exists. There are so many important issues to me like the environment and Darfur but when I hear about these kinds of issues in our country, it makes me sad. These issues should be easy fixes compared to those i mentioned before but people are so narrow minded and it just pisses me off.

(08-18) 12:53 PDT SAN FRANCISCO -- California doctors who have religious objections to gays and lesbians must nevertheless treat them the same as any other patient or find a colleague in the office who will do so, the state Supreme Court ruled unanimously Monday.

The justices rejected a San Diego County fertility clinic's attempt to use its physicians' religious beliefs as a justification for their refusal to provide artificial insemination for a lesbian couple. The ruling, based on a state law prohibiting businesses from discriminating against customers because of their sexual orientation, comes three months after the court struck down California's ban on same-sex marriage.

"This isn't just a win for me personally and for other lesbian women," said the plaintiff, Guadalupe Benitez. "Anyone could be the next target if doctors are allowed to pick and choose their patients based on religious views about other groups of people."

The ruling is the first in the nation to address doctors' religious objections to treating gay or lesbian patients and should make health care more accessible, said Benitez's lawyer, Jennifer Pizer, of the Lambda Legal Defense and Education Fund.

Lawyers for the clinic and two of its doctors said they were considering an appeal to the U.S. Supreme Court. One supporter of the physicians called the ruling a strike against religious freedom.

"This court is allowing two lesbians to force these individuals to choose between being doctors in the state of California or being able to practice their faith," said attorney Brad Dacus of the conservative Pacific Justice Institute, which filed arguments backing the doctors.

Benitez, now 36, sued North Coast Women's Care in Vista (San Diego County) and two of its doctors, saying they told her in 2000 that their Christian beliefs prohibited them from performing intrauterine insemination for a lesbian. The doctors later said they would have refused the treatment for any unmarried couple.

They referred Benitez to another clinic for the insemination, which cost her thousands of dollars because it wasn't covered by her health plan, her lawyer said. She did not become pregnant then, but since has borne three children and is raising them with her partner of 18 years.

The lawsuit has been on hold while courts decided whether the doctors could defend denying treatment to lesbians by invoking their religious beliefs.

A state appeals court ruled in the doctors' favor in 2005. But the state's high court said Monday that California's Unruh Civil Rights Act - which prohibits discrimination against business customers because of their customers' sexual orientation as well as race, sex, religion and other categories - applies to all businesses, regardless of their religious views.

The law "furthers California's compelling interest in ensuring full and equal access to medical treatment irrespective of sexual orientation," said Justice Joyce Kennard.

In language that would apply equally to abortions, Kennard said doctors who have religious objections to a particular procedure or treatment can refuse to perform it for any patient, but can't selectively reject gays and lesbians. She said they also have the option of referring a patient to someone else at the clinic who will perform the procedure, an option that wasn't available in this case.

Kennard cited the court's 2004 ruling requiring Catholic Charities to abide by a state law that compels company-sponsored health plans for employees to offer contraception for women. She also rejected the doctors' free-speech claim, saying they remain free to criticize the anti-discrimination law as long as they comply with it.

Kenneth Pedroza, lawyer for the doctors and the clinic, noted that the ruling leaves the physicians free to argue to the jury that they had religious objections to providing the infertility treatment to unmarried couples. The Unruh Act now bans discrimination based on marital status, but the rights of unmarried couples were not clearly established when Benitez visited the clinic.

"Our doctors aren't going to be silenced," Pedroza said.

In considering a U.S. Supreme Court appeal, Pedroza said the high court may be ready to reconsider its 1990 ruling that upheld states' authority to enforce laws that restrict religious practices even though they were not intended to stifle religion. That ruling, cited in Monday's California decision, allowed Oregon to deny unemployment benefits to two people who were fired for using peyote in a religious ritual at an American Indian church.

Monday's case is North Coast Women's Care Medical Group vs. Superior Court, S142892. The ruling is available at links.sfgate.com/ZEOB. E-mail Bob Egelko at begelko@sfchronicle.com.

Santa Cruz

I went up to Santa Cruz recently and had never been but had a great time! The drive is about 2 hours from San Francisco but well worth it! There was a great boardwalk and beach and I needed the beach real bad. My buddy and I had a good time and I was also able to catch a few of the rollercoasters which was great. My favorite was the Giant Dipper. Its an older coaster but so much fun! It was a great weekend.

It's all about love

I hope for love for everyone. Its simple but I wish it for everyone. I think its important. I love the simple things. I can sit in the back of a bar and watch others interact and be completely fine. I really don’t need to interact to be satisfied. I don’t understand the rush down the street to the next turmoil. I prefer the cozy fire in a fireplace and snowflakes any day to a crowded city. Thunderstorms are miracles and I treasure them. It’s those things in my life that bring the biggest smile to me.
Bad weeks always bring out the best memories for me. Curling up in the cold sheets in the summer. A song with a great melody that I cant get out of my head. Hearing I love you and knowing its true. Lemonade on a hot day with sweat on the brow. Summer storms. Having everything but nothing. I long for a simple life. Days filled with love and happiness.
I look at children and get so excited because I know they are in for such a great ride. Growing up and seeing new things with such passion and newness. That excitement is what makes life fun. Loving for the first time and learning. In all the bad, there are so many great reasons to be happy. Its all about love. It really does make the world go around.

Jeebus, is it friday yet?

Tuesday morning and feeling good. The weekend was great and really got out and enjoyed life. I headed up to Santa Cruz, Ca on Sunday and had a blast. I was really exicted because Santa Cruz is the city that is the backdrop in "The Lost Boys". I had alot of fun and definitely enjoyed myself.
This week is going pretty well. I have a pretty full weekend so trying to get as much done before friday as possible.
I bought a new cd last night. Coner Oberst from "Bright Eyes" has a new solo cd out and its so good. I have been listening to it non stop. "Milk Thistle" is the track that stands out to me the most. It sounds alot like his other stuff but its a different lyrical standing. I like it alot and I am sure it will grow on me more.

Happy Friday!

How adorable is this kitty? I needed a good smile today!