Lesbian mom sues San Diego fertility doctors who refused to help her based on religious beliefs. Supreme Court to hear the case.

Guadalupe Benitez, and her partner are suing two San Diego doctors who refused to artificially inseminate her based on religious grounds.

In 2001, Doctors Christine Brody and Douglas Fenton denied service to the woman, citing religious objections, although Benitez had been a patient at their fertility clinic for 11 months and was taking fertility drugs prescribed by Dr. Brody. The clinic was the only one covered by her insurance plan.

Benitez argued that they violated California's anti-discrimination laws that protect gays and lesbians. The California Supreme Court will hear the case but has yet to set a date.

"I was very distraught," Benitez says. "I was very confused. I couldn't even bear to think that possibly I was never going to be able to have children."

In court documents, the doctors claim they refused to treat Benitez because she is a single mother, not because she is a lesbian, but Benitez says the physicians originally told her that her sexual orientation was at issue.

Jill Morrison, legal counsel to the National Women's Law Center, argues the distinguishing factor in the case is that the doctors refused to perform IVF for one patient, even though they provide the procedure to other women. "Usually, providers who object to certain services object to them for everyone," Morrison said, adding, "In this case, they don't object to the service, just the patient."

An appeals court in 2005 ruled that the doctors have the right at trial to cite religious freedom to defend themselves. Benitez appealed the ruling, and the Supreme Court in 2006 agreed to hear the case.

Benitez ultimately received treatment at another facility and gave birth to a son, now 5, and twin daughters, now 2.

"People ask me, 'Why are you doing this? You have your kids,'" she says. "I want to make a difference. These doctors are not God. They cannot manipulate who can have children and who cannot."

Photo: Sandy Huffaker for USA TODAY