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The California Supreme Court has continued its longstanding track record of providing inexhaustible fodder for the right wing chain e-mail we all get from our conservative relatives, today handing down a verdict that, in fact, doctors cannot deny heath care simply because an invisible Sky God says so:
California's high court on Monday barred doctors from withholding medical care to gays and lesbians based on religious beliefs, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.The ruling was unanimous, a contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage.
The best part about this ruling is that is makes explicit the refutation of Christian Exceptionalism - Believe what you will in the privacy of your own home, but Jesus doesn't give you the right to be a bigot in public:
Justice Joyce Kennard wrote in the ruling that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."
Obviously, this is good news for our non hetero fellow citizens who might, you know, feel entitled to some medical care. Let's never forget that no one forces Christian bigots* (and bigots of other religions) to enter professions that requrie them to provide services to people they despise. On the other hand, it remains to be seen whether or not this ruling will affect the movement to deny women access to contraception that has most recently been all but adopted by the Bush Adminstration. The Religious Right has essentially adopted a policy based on lies, and inflitration of legitimate professions in order to undermine them. Here's hoping we can expect more rulings that cast a light on these tactics, and obviously, protects the rights of All Americans.
Meanwhile, in honor of this ruling, might I direct your attention to this?
*Not to be confused with Christians who aren't bigots.
Photo "Coat hangers" by Matt Callow via Flikr.
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"Canada." I love it!
Though to be fair, I think we have a bit more admiration for the northeast than the map implies.
Cool!
I hope this opens up the adoption can of worms next!
Although I do know one gay and couple who have managed to adopt children, they are both attoneys and it was still very difficult for them.
Good news. But it's a real shame that the courts had to step in and insist that doctors hold to their oaths.
Believe me, I am totally appalled that Doctors are allowed to refuse services to anyone and this ruling is not only a triumph for the rights of gay/lesbian/transgenders it is also a triumph for Women's rights and health care.
I just have to wonder how long it is before this spreads to other businesses and if it's a good or bad thing? If a Doctor is REQUIRED to render services now, does that mean a Chef is REQUIRED by law, to render his services without discrimination? Does that mean a Bartender is REQUIRED, by law, to render his/her services to someone who might have had enough?
I worry that this may infringe on the rights of small business owners to refuse service? But then, is that so much a bad thing? I'm curious what other people think.
But then, maybe this ruling only applies to those that swear an oath to care for people, like Doctors (and perhaps Lawyers) do? And is that stipulation included?
Those are some good questions ICMAGS - lemmie see if I can offer my own less than expert opinion.
1) It already has spread to other businesses. Like, 40 years ago. Bartenders are, in fact, required to offer services to people without discrimination. This is an immutable fact. You can't kick someone out of your bar because you don't like who they fuck anymore than you can kick em out because you don't like their ethnicity. If you did, your bar would be shut down.
2) Ditto a chef.
3) Who you do or do not fuck is absolutely not related in any way to whether or not you're damaging yourself and posing a health risk. Being an alcoholic is not the same thing as being into people of the same sex. Eating too much isn't the same thing as being into people of the same sex.
4) The only people whose rights are being infringed upon are gay people (and women, in the case of Christian bigots who won't provide BC). The people seeking to deny them their rights are not themselves the victims of discrimination simply because they're being told they can't discriminate.
You are not being discriminated against just because you can't exclude and hate people who are different from you.
And to reiterate - A Bartender can tell you you've had enough - in fact, in many jurisdictions they're legally obligated to do so. A chef can refuse to cook for you if you're an asshole and disturb his restaurant.
Neither one can throw you out for being teh ghey.
And BTW, being gay also isn't comparable to Bestiality or pedophilia. Just wanted to preemptively deny bigots the chance to go there.
*I of course mean "you" in the general sense. Not specific.
Thanks for clearing that all up Ross.
When I first read it I thought I saw some holes that some advantageous lawyers might exploit.
Thanks Ross! Great article.