NORTH COAST WOMEN'S CARE MEDICAL GROUP, INC., et al., Petitioners,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;
GUADALUPE T. BENITEZ, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
August 18, 2008.
August 18, 2008.
Attorney(s) appearing for the Case
Cole Pedroza, Curtis A. Cole, Kenneth R. Pedroza, Matthew S. Levinson; DiCaro, Coppo & Popcke, Robert C. Coppo, Gabriele M. Prater, Andrew T. Evans; Advocates for Faith and Freedom, Robert H. Tyler; Alliance Defense Fund, Timothy D. Chandler and Douglas L. Edgar for Petitioners.
Robert G. Ho for Pacific Justice Institute as Amicus Curiae on behalf of Petitioners.
Law Offices of Karen D. Milam, Karen D. Milam; Americans United for Life and Mailee R. Smith for Christian Medical and Dental Associations, American Association of Pro Life Obstetricians and Gynecologists and Physicians for Life as Amici Curiae on behalf of Petitioners.
James L. Hirsen and Deborah J. Dewart for The Foundation for Free Expression as Amicus Curiae on behalf of Petitioners.
Duane Morris, Mitchell L. Lathrop and Bridget K. Moorhead for Catholic Exchange, Inc., and Human Life International as Amici Curiae on behalf of Petitioners.
Patrick T. Gillen; Charles S. LiMandri and Teresa L. Mendoza for Thomas More Law Center as Amicus Curiae on behalf of Petitioners.
Alan J. Reinach; Alan E. Brownstein; Bassi, Martini & Blum and Fred Blum for Seventh-day Adventist Church State Council as Amicus Curiae on behalf of Petitioners.
Center for Law & Religious Freedom, Samuel B. Casey and Gregory S. Baylor for Christian Legal Society as Amicus Curiae on behalf of Petitioners.
Higgs, Fletcher & Mack, Richard D. Barton and John Morris for The Islamic Medical Association of North America, Rabbi Elliot Dorff, Rabbi David Frank and Rabbi Arthur Gross-Schaefer as Amici Curiae on behalf of Petitioners.
Public Affairs & Religious Liberty, Alan J. Reinach; Sweeney & Greene, James F. Sweeney and Stephen J. Greene for California Catholic Conference as Amicus Curiae on behalf of Petitioners.
Edwin Meese III and Peter Ferrara for American Civil Rights Union as Amicus Curiae on behalf of Petitioners.
Thelen Reid & Priest and Curtis A. Cole for California Medical Association as Amicus Curiae on behalf of Petitioners.
No appearance for Respondent.
Albert C. Gross; Lambda Legal Defense and Education Fund, Jennifer C. Pizer, Jon W. Davidson; Eisenberg & Hancock, Jon B. Eisenberg; O'Melveny & Meyers, Robert C. Welsh, Margaret C. Carroll, James J. McNamara and Lee K. Fink for Real Party in Interest.
Steven R. Zatkin, Stanley B. Watson and Mark S. Zemelman for Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc., and The Southern California Permanente Medical Group as Amici Curiae on behalf of Real Party in Interest.
Winston & Strawn, Benjamin Russell Martin, Gail J. Standish, Peter E. Perkowski and Kyle R. Gehrmann for National Health Law Program, Asian Pacific AIDS Intervention Team, Asian Pacific American Legal Center of Southern California, Bienstar Human Services, California Latinas for Reproductive Justice, California Pan-Ethnic Health Network, California Women's Law Center, Coalition for Humane Immigrant Rights of Los Angeles, Jordan Rustin Coalition, Khmer Girls in Action, Latino Coalition for a Healthy California, Merger Watch Project, Mexican American Legal Defense Fund and Educational Fund, Zuna Institute, Anti-Defamation League, American Academy of HIV Medicine, American Medical Students Association, Gay and Lesbian Medical Association, International Association of Physicians in AIDS Care, The Mautner Project, National Center for Lesbian Rights and National Health Law Program as Amici Curiae on behalf of Real Party in Interest.
Shannon Minter, Vanessa H. Eisemann, Melanie Rowen and Catherine Sakimura for National Center for Lesbian Rights, Lyon-Martin Women's Health Services, Inc., The Mautner Project, Bay Area Lawyers for Individual Freedom and Lesbian and Gay Lawyers Association of Los Angeles as Amici Curiae on behalf of Real Party in Interest.
Morrison & Foerster, Angela L. Padilla and Elizabeth O. Gill for Gay and Lesbian Medical Association, American Medical Student Association, American Academy of HIV Medicine and International Association of Physicians in Aids Care as Amici Curiae on behalf of Real Party in Interest.
James D. Esseks; Sondra Goldschein; Margaret C. Crosby, Alex M. Cleghorn; Clare Pastore; and David Blair-Loy for American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California, ACLU Foundation of Southern California and American Civil Liberties Union of San Diego and Imperial Counties as Amici Curiae on behalf of Real Party in Interest.
Edmund G. Brown, Jr., Attorney General, Manuel M. Medeiros, State Solicitor General, Thomas J. Greene, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, Angela Sierra and Antonette Benita Cordero, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.
Supreme Court of California.
OPINION
KENNARD, J.
Do the rights of religious freedom and free speech, as guaranteed in both the federal and the California Constitutions, exempt a medical clinic's physicians from complying with California's Unruh Civil Rights Act (Civ. Code, §51) prohibition against discrimination based on a person's sexual orientation? Our answer is no.
I
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