GOLF CLUBS AND DONOR INSEMINATION: From The Advocate

...Until this week, California's Unruh Act did not prohibit discrimination on the basis of marital status. On Monday the California supreme court ruled in a separate case that the Unruh Act, cited by attorneys in Benitez's case, protects registered domestic partners from discrimination (PDF).

Benitez and her partner are registered domestic partners. Benitez's lawyer said Monday's ruling will make it more difficult for the doctors to argue that their refusal to inseminate Benitez was protected by their right to religious freedom. "This is yet one more reason why this argument is a nonstarter," said Jennifer Pizer, senior counsel for the Western regional office of Lambda Legal, a gay rights advocacy group.

An attorney for the doctors said Monday's ruling does not address constitutional claims that compete against the Unruh Act, such as freedom of religion. "It's a very interesting development, but it doesn't address this whole case or make it one way or the other," said Gabriele Prater.

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posted by Eve at 12:18 PM VOTE

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