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Physician choiceFrom: Dr. Ainsworth (ainsron@sbcglobal.net)Tue Jul 12 13:14:03 2005
This is similar to the situation we discussed previously with the pharmacists who refuse to fill prescriptions for contraception based on their religous beliefs. On the other hand, I think it is different, because ART requires active participation in the process, much like the active involvement of a physician in performing abortions. I don't think either could be forced on a physician, nurse or other healthcare professional. But how about the pharmacist filling the prescription for the drugs used in ART? If he knew the couples sexual orientation or marital status, would he be protected in refusing to fill the prescriptions? I don't know. Citing the state constitution and its protections of religious beliefs, the California Medical Association recently filed an amicus brief in a San Diego case asking that a jury determine whether two physicians should face liability for declining to perform a fertility treatment for an unmarried couple. The case, Benitez v. North Coast Women’s Care Medical Group, has sparked a smear campaign against CMA by the Gay and Lesbian Medical Association (GLMA), which has deliberately misrepresented the CMA position and its legal arguments in news releases and in websites and other media outlets that serve the gay and lesbian community. In its brief, CMA points out that it does not support discrimination based on sex, race, sexual orientation or other invidious grounds. The brief also declares that religious beliefs cannot be used to justify discrimination that would otherwise be illegal, such as rejecting patients on the basis of race or sexual orientation. Noting that the facts in the case are complex, CMA asked that a trial court or jury decide whether the physicians’ decision is a subterfuge for discrimination against the couple because they are lesbians or is based on legitimate religious grounds. The law under which these doctors are being sued—the Unruh Act—does not bar marital status discrimination. It bars such discrimination based on sexual orientation, sex, religion, or race. The physicians involved claim that their religious beliefs bar them from providing the fertility treatment to all unmarried couples and that they have applied this equally in their practice. “This was a very difficult decision for CMA,” says CMA CEO Jack Lewin, M.D. “CMA does not support discrimination based on race, sex, or sexual orientation, but physicians should not be forced to provide treatment that goes against nondiscriminatory religious values. Our policy is clear on this. It is important that the facts in this case be judged at trial.” Dr. Lewin said CMA leadership “understands this issue has ignited passions. But this deliberate campaign to misrepresent our position and harm CMA is wrong.” He urged those who have been provided misleading information to read the CMA friend-of-the-court brief. The executive director of GLMA, the San Francisco-based group opposing CMA, has demanded that “CMA withdraw its brief and told CMA it would launch a campaign against CMA in the press if we did not,” said Dr. Lewin. That campaign began several weeks ago and included distribution last week of a news release headlined: “GLMA Urges California Medical Association to Withdraw Support for Doctors who Discriminate; CMA defends actions of physicians who refused care on basis of sexual orientation.” The San Francisco Chronicle last week declined to publish an article based on the GLMA news release after reading CMA’s brief and talking with CMA officials.
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