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Dutiful Doctors (or Medical
Malpractice?) By Jennifer Roback Morse
Two physicians are accused of
discrimination against gays, but artificial insemination is not what the
doctor ordered.
Gay rights activists have made
significant strides in redefining the way society sees sexuality and the
family. Their agenda will be furthered even more if one woman in
California has her way. Guadalupe Benitez has become the poster child for
the reproductive rights of lesbian couples. She is suing Dr. Christine
Brody and Dr. Douglas Fenton and their California clinic, North Coast
Women's Care Medical Group, for unlawful sexual orientation
discrimination.
According to Benitez, the doctors refused to facilitate an Intra-Uterine
Insemination (IUI) for her. She says it is because she is a lesbian. While
Benitez sees this as being about alleged homophobia, in reality, a defeat
for her would be a victory for doctors and their ability to make
professional judgments free from political pressure. The courts have not
settled the case, but the court of public opinion seems to be leaning
against the doctors. The media coverage of this case has been uniformly
favorable to the lesbian couple, who are pursuing these doctors with a
vengeance, despite now having three children.
The
doctors have been portrayed as irrational religious bigots. "Doctors deny
Lesbian Artificial Insemination," ran one headline. "Doctors Accused of
Using Faith to Violate Gay Bias Claims," screamed another. Reports make
Dr. Fenton sound terrible when, according to Benitez's lawyers, he "told
Benitez that other members of North Coast's staff, in addition to Dr.
Brody, shared Brody's religious objection to treating Benitez. He said
Benitez should go elsewhere because she was never going to receive the
care "she needed at North Coast."
Despite the media's portrayal of the doctors and their clinic, if one
looks beyond the poster to the facts of this case, a different set of
images comes into focus. The doctors claim they were trying to practice
responsible medicine, not indulge irrational prejudices. Benitez no longer
appears to be the victim of discrimination. Rather she looks
irresponsible, at best, and callous, at worst, for not heeding her
doctors' instructions and for disregarding the rights and considerations
of her potential donor.
Read complete article here.
This
article by Jennifer Roback Morse, Ph.D appeared March 2009 at the Ruth
Institute web site
ruthinstitute.org. |
