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state appeals court
heard arguments Feb. 10
in the case of a San Diego
woman whose health care
providers refused medical
treatment to her because she
is a lesbian. Attorneys are ask
ing the court to overturn a
2002
ruling that said
Guadalupe Benitezs dix;tors
acted lawfully when, citing
personal religious beliefs
about gay people, they refused
to provide infertility treat
ment to her so she and her life
partner could start a family.
“A fter providing in
fertility
treatm ent
to
Guadalupe for nearly a year,
the health care provider
Joanne Clark (left) and Guadalupe Benitez welcomed a baby boy,
refused
services
when
Gabriel, into their family a year after doctors refused to provide a
Guadalupe was in the very
standard insemination procedure
short, critical window of
time for insemination,” said Jennifer Pizer of catch up with Sweden, Denmark, the N ether
Lambda Legal. “She was shocked and felt utter
lands, Germany, France and other countries that
ly betrayed and had no choice but to go outside
are providing marriage rights for gay couples."
of her health plan to find another doctor, cost
Perry encouraged other same-sex couples to
ing her several thousand dollars."
go to courthouses and municipal offices on
V alentines Day and apply for marriage licenses.
In the summer of 2000, the N orth Coast
W omens Care Medical Group refused to insem
He believed the action could increase attention
to the gay civil rights movement.
inate Benitez. She had received 11 months of
treatment from the clinic— but at the critical
and brief moment when she needed to be
M IN N E S O T A
inseminated, Drs. Christine Brody and Douglas
ouse File 341, a radical bill put forth by
Fenton said that because of their personal reli
conservatives, would strip all references to
“sexual orientation" from state law.
gious beliefs about gay people, they would not
administer the procedure. No other doctors
Activists urged legislators Feb. 7 not to hold
within the group were available or willing to
a hearing on the hateful measure designed to
perform this procedure, so Benitez was forced to
stigmatize queer residents and remove all civil
go outside her health plan to receive services.
rights protections they have. Highlighting the
extreme nature of the hill is the fact that the
Benitez sued the group b;ised on a California
law outlawing discrimination by business establish very first provision in the text is to remove “sex
ments, including health care facilities, along with
ual orientation” from the states condemnation
other legal claims. The trial court in San Diego dis of Nazi persecution of people in the Holocaust.
missed her entire case, ruling that a federal law bars
“It is a disgrace to the enduring legacy of
a state civil rights claim against doctors whenever
Minnesota as a leader in civil and human rights
their services are paid for through an employer-
that such an incredibly mean-spirited piece of
provided health plan. This appears to be the first
legislation would even see the light of day,” said
case applying the California civil rights law against
A nn M. DeGroot, OutFront Minnesota execu
anti-gay discrimination in heath care and the first
tive director. “W hen legislators stoop to endors
case in which doctors have claimed they have no
ing Nazi persecution of gay people, you know
state civil rights liability because of the federal law.
the motivation is one of deep-seated prejudice."
Civil rights language on “sexual orientation”
«0»
was added to the Minnesota Human Rights Act
he Rev. Troy D. Perry, who founded the
in 199). However, in recent years conservatives
predominantly gay Universal Fellowship of have taken aim at rescinding the law. As a can
Metropolitan Community Churches, and his
didate for governor, Republican Tim Pawlenty
partner of 18 years, Phillip Ray DeBlieck, un said he regretted voting for the amendment.
successfully tried to apply for a marriage license
“Minnesota’s law includes gender identity in its
Feb. 14 in Lis Angeles.
definition of sexual orientation, so it is believed
this hill would also wipe out gender identity pnv
“It's time to move the debate on gay marriage
forward,” the veteran civil rights activist said.
tection as well,” said Seth Kilboum, Human Rights
“Its time for equality. Its time for the U.S. to
Campaign national field director. “The bill would
also remove references to sexual orientation in the
state’s hate crimes law and safe schools law, which
are addressed under the Human Rights Act.”
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O H IO
C o llis io n R ep a ir P r o b le m s S o lv e d
he C incinnati City Council voted 7-2 to
add sexual orientation to a local hate crime
law Feb. 5.
According to The Cincinnati Enquirer, Mayor
Charlie Luken said he would sign the ordinance.
The vote is a major victory for Cincinnati, the
only city in the nation with a charter amend
ment, Article XII, prohibiting the council from
passing any law giving “protected class” status
based on sexual orientation.
The ordinance was put forth, in part, by the
Dec. 31 death of Gregory Beauchamp, who police
think was murdered because he was gay. The law
will not affect felonies hut will add sexual orienta
tion, gender, age and disability status to the list of
T
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Troy D. Perry (left) and Phillip Ray DeBlieck