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CA Justices Rule in Dispute over Artificial Insemination

By Mike McKee
June 30, 2008

Less than two weeks after stunning the nation by upholding marriage rights for same-sex couples, the California Supreme Court in May seemed poised to deliver another victory for gay rights. North Coast Women's Care Medical Group v. Superior Court (Benitez), S142892, May 28, 2008.

Specifically, the court gave every indication during oral arguments in San Francisco that it would rule that doctors cannot invoke their religious beliefs to deny gays and lesbians medical services. Justice Joyce Kennard all but announced a win for the gay community when she asked Los Angeles lawyer Jennifer Pizer, who represented a San Diego County lesbian who had been denied intrauterine insemination, whether she would be satisfied with a narrowly tailored ruling in her client's favor, or whether she was hoping for a ruling that touched on a variety of issues.

'Is it safe to say,' Kennard asked, 'if we agree with you, you would be content with a win?' Justice Ming Chin seemed to be the sole holdout, as he asked a few pointed questions that seemed to favor the doctors.

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