Doctors Should Not Be Forced to Artificially Inseminate Lesbians

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has submitted a friend of the court brief supporting the right of physicians to refuse to perform medical procedures that violate their sincerely held religious convictions. The brief was filed in a case pending before the California Supreme Court, North Coast Women's Care v. Benitiz.

In that case Guadalupe Benitez, a lesbian, sued two doctors who refused to artificially inseminate her — alleging that the doctors discriminated against her because of her sexual orientation in violation of California's civil rights act. The doctors assert that they cannot be held liable for refusing to provide treatment based upon their sincerely held religious convictions because California's constitution protects their right to the free exercise of religion. Benitez is represented by the LAMBDA Legal Defense Fund, one of the leading organizations promoting the homosexual agenda.

According to Richard Thompson, President and Chief Counsel for the Thomas More Law Center, "Forcing doctors to violate their conscience smacks of Nazi Germany. Doctors are not ‘needles for hire.' Benitez received treatment from other doctors. Her effort to punish these doctors is a mean-spirited effort to exact a pound of flesh from those who refuse to bow to the homosexual agenda based on sincerely held religious conviction."

Patrick T. Gillen, the attorney who authored the brief for the Law Center, observed that the case has broad implications for religious liberty. He noted, "If the California Supreme Court accepts Bentiz's argument, the protection that California's constitution provides to the free exercise of religion will be practically meaningless. The California Supreme Court should hold that California's religious liberty provision bars Benitez from holding these doctors liable for their refusal to provide medical care based upon their sincerely held religious convictions."

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  • Guest

     Seems more like a commie crime. 


    "Resistance to tyranny is obedience to God's will."

  • Guest

    It strikes me here that who we should be defending would be doctors who refuse to do artificial inseminations at all (Are there any?).  Instead this is a case of defending doctors who chose for whom they will perform an immoral act, based on the sexual orientation of the patient.  Not only should lesbians not be using artificial insemination, no human beings should.  Let's take human sexuality out of the barnyard and return its dignity.  Artificial insemination for cows, maybe.  Spaying for dogs and cats, okay… 

    However I can see the "logical" progression of thought that says we must protect these doctors in their right to refuse on grounds of sincerely held religious beliefs to perform  the procedure for lesbians in order to preserve religious freedom.  Would that these would see that the same moral refusal should extend to unmarried women, and ultimately to the procedure itself.


  • Guest

    Mom of 11,

        You are absolutely right.  The only exception is that the Church currently does not have a teaching for or against intrauterine insemination for married couples, as long as the semen is collected during the marital act.  Currently this has not been declared licit or illicit (it is being debated among Catholic theologians),  so married Catholics are free to use this technology based on their own consciences.  As an infertile Catholic woman who would give anything to be a Mom of 1, let alone 11, my husband and I did use this procedure once.  Despite the fact that we collected the semen the "Catholic way", we found that it did nothing for the dignity of our marriage, and we will not utilize this procedure again (especially since we have learned that this procedure doesn't have a huge statistical advantage for infertility rates).

  • Guest

    I agree. This is yet another example of the law of sowing and reaping our Lord speaks about.

  • Guest

    Claire, contact Dr. Thomas Hilgers. He is the director of the Pope Paul VI Institute for 
    the Study of Human Reproduction, dedicated to research, education and 
    service in the areas of human reproduction within the context of the 
    teachings of the Catholic Church. He serves as the institute's 
    senior medical consultant in obstetrics, gynecology and reproductive 
    medicine, and as director of the institute's National Center for the 
    Treatment of Reproductive Disorders. He is board-certified in 
    obstetrics and gynecology and gynecologic laser surgery, and is a 
    member of the Society of Reproductive Surgeons

  • Guest

    Thank you for the suggestion.  I have heard about Dr. Hilgers, first on EWTN and then on an online Catholic infertility support group that I belong to.  My insurance doesn't cover out of the area healthcare, but a lot of the women on the online support group have shared his techniques and principles, some of which I have tried to incorporate into my local treatment.  At this point, while my husband and I remain open to life and still "try" every month, we are shifting our focus to discerning adoption vs. embracing a childless future.  It's a heavy cross, but we're blessed to have each other.  Single women who long for children, and people with same-sex attractions have an even heavier cross than we do, but I wish they would try to embrace their cross as we are rather than opposing the natural law by acting on their same-sex attraction and trying to conceive outside the context of a sacramental marriage.  For that matter, there are many Catholic married couples with the cross of infertility who utilize illicit procedures to conceive, and again I wish that more Catholics took a stand and embraced their cross rather than separating the procreative and unitive aspects of their marital act (and engaging in practices that create "extra" embryos that end up being in limbo or being destroyed).  However, desperate people go to desperate measures.  Better catechesis and better support within the Church could counteract a lot of this.

  • Guest


    you and your husband are heroes of the faith.  May God bless you with every thing good for you. 

  • Guest

    Thank you, Arkanabar.  I don't know whether I deserve the title of hero, but I certainly appreciate affirmation that I'm on the right track!