Doctors settle lawsuit over denying treatment to lesbians

September 30, 10:40 AMSan Diego Gay Community ExaminerErik Siwak

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The Benitez and Clark family

After eight years of legal wrangling, a lawsuit has been settled that alleged San Diego doctors denied treatment to two women because they are lesbians.

Guadalupe Benitez and Joanne Clark, a lesbian couple, went to the North Coast Women's Medical Group in Vista to receive artificial insemination treatment for Benitez. At the time, doctors at the medical facility declined to perform the treatment, citing the patient's sexual orientation as the reason for the refusal. Benitez and Clark sued the doctors in 2001.

The doctors did refer the couple to another fertility clinic where Benitez was successfully impregnated. She and Clark now have three children together.

Last year, the California Supreme Court barred the doctors, who are Christians, from invoking religious beliefs as a valid reason to deny treatment. In their ruling, the Court said the state's law prohibiting discrimination based on sexual orientation extends to the medical profession.

The doctors at the North Coast Women's Medical Group decided to settle the lawsuit for an undisclosed sum of money. Interestingly, they also released a statement saying they want gays and lesbians to feel welcome in their practice.

"It shows a journey that our whole society is taking together, away from intolerance and towards inclusion," said Jennifer Pizer, the lawyer for Benitez and Clark.