POLITICALLY CORRECT MEDICINE

By ed iverson

Christine Brody is an obstetrician practicing in San Diego. Like many physicians she worked her way through medical school and put in long hours establishing a viable practice. She is also a committed Christian, something of an occupational hazard for medical doctors in a culture as morally adrift as is ours. She works out of a small clinic with three other doctors, all of whom are champions of the old ways.

In 1999, Dr. Brody was asked to provide artificial insemination services for a lesbian. Brody refused. She told Benitez she was willing to continue overseeing her treatments, but would not perform the insemination procedure because she had a religious objection to impregnating a lesbian. Lupita Benitez found a different obstetrician to do the deed but the insemination procedure was unsuccessful.

Benitez had a child three years ago, through in vitro fertilization. She is now the proud fatherette of a 3-year-old boy. He will no doubt be a wonderfully tolerant young man, very accepting of true diversity.

The alert reader may have guessed that there is more to this story; and so there is. In 2001 Benitez filed a suit against Dr. Brody and her medical clinic. Benitez alleged that she was very upset by Dr. Brody's refusal and that she was told that no one at the clinic would do it. She was eventually referred to an out-of-plan physician, and was forced to pay an out-of-pocket expenses amounting to several thousand dollars. She pled numerous causes of action against Brody and her colleagues. In addition to alleging she was denied services on the basis of sexual orientation, she claimed breach of express and implied contract, bad faith, and infliction of emotional distress. She also accused Brody of invading her privacy by noting on her chart that she would "require donor sperm" because she "has never been with a male partner." Benitez claims that she did not want her sexual orientation noted.

Dr. Brody belongs to the California Medical Association so she should have professional support, right? Wrong. The CMA originally filed an amicus brief in support of Dr. Brody. The brief seemed to imply that physicians who act on the basis of clearly held religious beliefs are entitled to a constitutional exemption from state anti-discrimination laws. A week ago, the CMA caved in to intense pressure from homosexual rights groups and withdrew their support.

But the CMA explained! Their spokesman (oops, I should rather say their Communications Officer) said that by withdrawing support of Brody, the association wished to "dispel suggestions that it had abandoned its long-held opposition to discrimination based on sexual orientation." Susan Penney (CMA attorney) told the media that "We have never taken a position on the facts of the case, but filed the brief merely to argue that the case should be decided on the basis of the legal standards that were controlling at the time the physicians acted." That is weasel talk for "we're sorry, we're sorry, we are so sorry. We will never again take any action that could possibly be interpreted as unresponsive to homosexual sensibilities.

The CMA could not stop there. What had begun as an orderly retreat turned into a full-scale running rout with the militant homosexual toughs in hot pursuit. The CMA just rolled over on its back and whimpered 'don't hit us anymore'. Communications Officer Penny sniveled "we have tried to make our position clear to the public, but it remained misunderstood." She finished by admitting that the strong-arm tactics and the misinformation campaign of homosexual militants resulted in the decision to withdraw CMA support from Dr. Brody. The case is scheduled for argument Oct. 11 in San Diego.