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#1 2008-08-18 10:53 pm
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
One more freedom down the chute in CA
http://cbs13.com/health/doctors.gay.care.2.797855.html
Calif. Court: Doctors Cannot Withhold Care To Gays
SAN FRANCISCO (AP) ― California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.
The ruling was unanimous and a succinct 18 pages, a contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage.
At the risk of being un-PC, I think this was wrong. Primarily because this was not emergency medicine. It was a completely elective procedure, specifically artificial insemination.
I normally don't like discrimination, or any other form of injustice, but forcing doctors to do procedures against their will outside of an emergency setting is also wrong. They are forced to either quit practicing medicine, or do something they feel is wrong - which is also unjust. In this case, the doctors in question even referred the women to another practice, which I feel is more than they were obligated to do.
I know it's a bit of a fuzzy line, but I believe that in certain circumstances, discrimination should be allowed as part of freedom of speech, and freedom of assembly. While this is a tough border case for me, I would have erred on the side of freedom for the doctors - particularly given the circumstances. If this had been in an ER, there would have been no question about it, the doctors would be wrong. However, I consider this treatment to be right up their with a boob-job, and those doctors seem to be able to pick and choose their patients at will.
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#2 2008-08-18 10:58 pm
- Chickenhawk
- Snark Snark Snark Snark
- From: Being Snarky
- Registered: 2005-06-01
- Posts: 5822
Re: One more freedom down the chute in CA
So I can open a shop and put a sign out front saying "No Gays or Lesbians allowed"?
The recent medical controversy over whether vaccinations cause autism reveals a habit of human cognition—thinking anecdotally comes naturally, whereas thinking scientifically does not. -- Michael Shermer
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#3 2008-08-18 11:04 pm
- Tallgeese
- Sternly Advising
- From: Pool Party
- Registered: 2000-10-17
- Posts: 34096
Re: One more freedom down the chute in CA
I just want to know whose 'religious convictions' allow them to perform artificial insemination but tells them to hate teh gay.
I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.
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#4 2008-08-18 11:06 pm
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
Chickenhawk wrote:
So I can open a shop and put a sign out front saying "No Gays or Lesbians allowed"?
Strictly speaking, yes. I believe it should be allowed. If you feel so strongly about it that you wish to put off a significant percentage of the population that is gay, or is offended by homophobic smurfs, then hey, it's your shop. Likewise for any other form of discrimination.
The only place I truly feel the government should step in is in essential services, such as utilities, emergency medicine, etc. If it's not a requirement for life, then it should be up to the customer and the vendor.
Now, that said, I wouldn't support any business that discriminated in such a way, and neither would most of my friends. I would shake my head at their stupidity, and go to another shop.
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#5 2008-08-18 11:07 pm
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
Tallgeese wrote:
I just want to know whose 'religious convictions' allow them to perform artificial insemination but tells them to hate teh gay.
It shouldn't matter. Whether it's God, or Xenu, they should have the right to choose who they provide their services to.
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#6 2008-08-18 11:14 pm
- jeremiah256
- Big Black Kahuna

- From: Honolulu HI, U.S.A.
- Registered: 2001-06-29
- Posts: 814
Re: One more freedom down the chute in CA
radarman wrote:
Tallgeese wrote:
I just want to know whose 'religious convictions' allow them to perform artificial insemination but tells them to hate teh gay.
It shouldn't matter. Whether it's God, or Xenu, they should have the right to choose who they provide their services to.
If you don't wear a shirt, you can be denied service. If you refuse to wear shoes, you can be denied service. If you're born (fill in the blank), you have the right to be treated as anyone else.
... Already long ago, from when we sold our vote to no man, the People have abdicated our duties; for the People who once upon a time handed out military command, high civil office, legions - everything, now restrains itself and anxiously hopes for just two things: bread and circuses - Juvenal
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#7 2008-08-18 11:18 pm
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
jeremiah256 wrote:
radarman wrote:
Tallgeese wrote:
I just want to know whose 'religious convictions' allow them to perform artificial insemination but tells them to hate teh gay.
It shouldn't matter. Whether it's God, or Xenu, they should have the right to choose who they provide their services to.
If you don't wear a shirt, you can be denied service. If you refuse to wear shoes, you can be denied service. If you're born (fill in the blank), you have the right to be treated as anyone else.
1) Wearing a shirt and shoes is a sanitary practice - not a form of discrimination.
2) I didn't say discrimination was right, it is something I detest to my core. However, forcing people to accept something, or someone, is just as wrong IMHO.
3) Frankly, I think it is more useful to let people show their true colors. It gets everything out in the open, and lets people make more informed decisions.
IOW, you SHOULD be treated the same as everyone else - but to use the law to force someone to do so is wrong.
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#8 2008-08-18 11:19 pm
- Chickenhawk
- Snark Snark Snark Snark
- From: Being Snarky
- Registered: 2005-06-01
- Posts: 5822
Re: One more freedom down the chute in CA
Your rights end just as soon as they trample on somebody else's rights.
The recent medical controversy over whether vaccinations cause autism reveals a habit of human cognition—thinking anecdotally comes naturally, whereas thinking scientifically does not. -- Michael Shermer
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#9 2008-08-18 11:20 pm
- Tallgeese
- Sternly Advising
- From: Pool Party
- Registered: 2000-10-17
- Posts: 34096
Re: One more freedom down the chute in CA
radarman wrote:
Tallgeese wrote:
I just want to know whose 'religious convictions' allow them to perform artificial insemination but tells them to hate teh gay.
It shouldn't matter. Whether it's God, or Xenu, they should have the right to choose who they provide their services to.
It matters to me. I want to know who these jackasses are and what they claim to believe.
I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.
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#11 2008-08-19 12:24 am
- Onthebeach
- Member
- Registered: 2001-05-27
- Posts: 2037
Re: One more freedom down the chute in CA
Hippocrates is alive and well and living in California.
If any ask us why we died,
Tell them 'Because our fathers lied'.
Kipling
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#12 2008-08-19 12:53 am
Re: One more freedom down the chute in CA
What if the physicians wanted to deny services to Jews or Hindus? Would that discrimination be OK too?
If they don't want to perform the procedure for all patients, they shouldn't perform it at all.
It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde
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#13 2008-08-19 2:33 am
Re: One more freedom down the chute in CA
"Officer, why did you not protect that man from being murdered?"
"Well, you know, he was gay...and I don't feel I should have to serve them too."
Forget PC, constitutional rights. We should just kill all the homophobics so the world can move on.
Ho Eyo He Hum
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#14 2008-08-19 2:35 am
Re: One more freedom down the chute in CA
radarman wrote:
IOW, you SHOULD be treated the same as everyone else - but to use the law to force someone to do so is wrong.
Oh yes, voluntary non-douchebaggery has always worked so well in the past. 
Ho Eyo He Hum
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#15 2008-08-19 2:57 am
- Some1
- The flying moleman.

- From: Montréal
- Registered: 2003-05-17
- Posts: 2703
Re: One more freedom down the chute in CA
radarman wrote:
Chickenhawk wrote:
So I can open a shop and put a sign out front saying "No Gays or Lesbians allowed"?
Strictly speaking, yes. I believe it should be allowed. If you feel so strongly about it that you wish to put off a significant percentage of the population that is gay, or is offended by homophobic smurfs, then hey, it's your shop. Likewise for any other form of discrimination.
The only place I truly feel the government should step in is in essential services, such as utilities, emergency medicine, etc. If it's not a requirement for life, then it should be up to the customer and the vendor.
Now, that said, I wouldn't support any business that discriminated in such a way, and neither would most of my friends. I would shake my head at their stupidity, and go to another shop.
Now, replace "Gays or Lesbians" with "Blacks and other minorities", and see if you sound reasonable.
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#16 2008-08-19 4:35 am
- Pariah
- James Carville Fan..

- From: Belly Of The Beast, Oklahoma!
- Registered: 2001-05-24
- Posts: 18425
Re: One more freedom down the chute in CA
radarman wrote:
Chickenhawk wrote:
So I can open a shop and put a sign out front saying "No Gays or Lesbians allowed"?
Strictly speaking, yes. I believe it should be allowed. If you feel so strongly about it that you wish to put off a significant percentage of the population that is gay, or is offended by homophobic smurfs, then hey, it's your shop. Likewise for any other form of discrimination.
Your philosophy would set civil rights and the equal access movement back 50 years. You can't operate a store with a "No - I'm a racist cow -" policy and this is no different.
"Religion" has been used as an excuse for discrimination forever.
"and it's not surprising that they get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."
Barack Obama
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#17 2008-08-19 7:44 am
- bratboy
- laden with emotion
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 34106
Re: One more freedom down the chute in CA
radarman wrote:
In this case, the doctors in question even referred the women to another practice, which I feel is more than they were obligated to do.
I find this fascinating. It reminds me of a thread we had awhile back, where someone was arguing that a doctor who is opposed to birth control or abortion should not be required to inform their patients that they're not telling them of all their options.
These doctors have to be licensed by the state, you know. Is there a "freedom" to be a doctor licensed by the state and yet discriminate at will?
To put that another way: Fine, let them discriminate if they want. Do we have to give them a license, though?
However, I consider this treatment to be right up their with a boob-job, and those doctors seem to be able to pick and choose their patients at will.
Would you consider a heterosexual couple trying to get pregnant to be no different than someone seeking a breast implants?
I bet there are at least a few people out there who might disagree with that assertion....
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#18 2008-08-19 8:24 am
- user
- Your plastic pal who's fun to be with

- From: I'm not getting you down, am I
- Registered: 2001-10-15
- Posts: 16035
Re: One more freedom down the chute in CA
Boob jobs are important to the people who get them...
The crux of the matter is that gays are trying to make people understand that the issues with their civil rights are the same as with different races. It's very simple, really.
Last edited by user (2008-08-19 8:30 am)
Aw, he's no fun, he fell right over.
Unless you become as little children, there's no way you will believe this crap.
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#19 2008-08-19 8:41 am
- bratboy
- laden with emotion
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 34106
Re: One more freedom down the chute in CA
user wrote:
Boob jobs are important to the people who get them...
This is true.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#20 2008-08-19 8:47 am
Re: One more freedom down the chute in CA
If the doctor is going to not do something the patients ask of him/her, they need to give a medical reason for why they can or will not do it, not a religious one.
"Live with your head in the lion's mouth. I want you to overcome 'em with yeses, undermine 'em with grins, agree 'em to death and destruction, let 'em swoller you till they vomit or bust wide open." -Ralph Ellison
"Overpower, overcome" -Cro-Mags
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#21 2008-08-19 9:06 am
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
Some1 wrote:
radarman wrote:
Chickenhawk wrote:
So I can open a shop and put a sign out front saying "No Gays or Lesbians allowed"?
Strictly speaking, yes. I believe it should be allowed. If you feel so strongly about it that you wish to put off a significant percentage of the population that is gay, or is offended by homophobic smurfs, then hey, it's your shop. Likewise for any other form of discrimination.
The only place I truly feel the government should step in is in essential services, such as utilities, emergency medicine, etc. If it's not a requirement for life, then it should be up to the customer and the vendor.
Now, that said, I wouldn't support any business that discriminated in such a way, and neither would most of my friends. I would shake my head at their stupidity, and go to another shop.Now, replace "Gays or Lesbians" with "Blacks and other minorities", and see if you sound reasonable.
I did, and it is equally vile. However; I still hold to my position on the matter.
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#22 2008-08-19 9:07 am
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
Metacell wrote:
"Officer, why did you not protect that man from being murdered?"
"Well, you know, he was gay...and I don't feel I should have to serve them too."
Forget PC, constitutional rights. We should just kill all the homophobics so the world can move on.
Not starter. A policeman works for the government, which means he is payed from public money. He is required to serve gay victims because they are helping to pay his salary.
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#23 2008-08-19 9:12 am
- radarman
- Member

- Registered: 2005-02-28
- Posts: 3618
Re: One more freedom down the chute in CA
bratboy wrote:
radarman wrote:
In this case, the doctors in question even referred the women to another practice, which I feel is more than they were obligated to do.
I find this fascinating. It reminds me of a thread we had awhile back, where someone was arguing that a doctor who is opposed to birth control or abortion should not be required to inform their patients that they're not telling them of all their options.
These doctors have to be licensed by the state, you know. Is there a "freedom" to be a doctor licensed by the state and yet discriminate at will?
To put that another way: Fine, let them discriminate if they want. Do we have to give them a license, though?However, I consider this treatment to be right up their with a boob-job, and those doctors seem to be able to pick and choose their patients at will.
Would you consider a heterosexual couple trying to get pregnant to be no different than someone seeking a breast implants?
I bet there are at least a few people out there who might disagree with that assertion....
1) Licensing is intended to show that the doctor is properly trained and qualified to perform the procedures he is licensed for. I suppose there is an ethical aspect to the license, and perhaps you have a point there; however, a medical license does not imply that the doctor is not an arrogant jerk.
2) Both procedures are fully elective. I have known people who have considered IVF and other reproductive procedures because they couldn't have children naturally. I understand they are eager to have children, but it is not as though they will die if they don't. I have also seen cases where women really do "need" breast surgery, either for enhancement or reduction. My own mother went in for a breast reduction to ease back problems. However; in both cases, people can live full, productive lives without access to the procedure.
I don't see how forcing a doctor to do a procedure against his will in either of these cases is either wise, or a win for freedom.
That said, I don't agree that they should be able to leave viable options "off the table", which is essentially lying by omission. They should put the options on the table, but state they won't support all of them.
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#24 2008-08-19 9:28 am
- bratboy
- laden with emotion
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 34106
Re: One more freedom down the chute in CA
radarman wrote:
1) Licensing is intended to show that the doctor is properly trained and qualified to perform the procedures he is licensed for. I suppose there is an ethical aspect to the license, and perhaps you have a point there; however, a medical license does not imply that the doctor is not an arrogant jerk.
Certainly not, but I would think that the public has a legitimate interest in withholding licensure from those who intend to discriminate against minorities.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#25 2008-08-19 3:21 pm
Re: One more freedom down the chute in CA
Chickenhawk wrote:
Your rights end just as soon as they trample on somebody else's rights.
++
Your right to be gay interferes with my right to be a homophobic smurf.
Therefore, you have no right to be gay.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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