Dr. Jennifer Roback Morse • 663 S. Rancho Santa Fe Road Suite 222 San Marcos CA 92078www.jennifer-roback-morse.com • email: drj@jennifer-roback-morse.com • 760/295-9278

Lesbian Fertility Rights

Two California doctors endure aneight-year legal vendetta fordeclining to help bring a fatherlesschild into the world.

In the case of the lesbians versus their doctors, theCalifornia State Supreme Courtcontinued its war against religion bydeclaring that equality trumps liberty of conscience. But, contrary to the impressioncreated in the media, the case of GuadalupeBenitez v. North Coast Woman’s Care is notover. The case still has to be tried. TheSupreme Court’s ruling only means that thedoctors cannot use religious liberty as adefense for violating the prohibition onsexual orientation discrimination.Very well, then. Let us argue the casewithout reference to religion.As it happens, I have a feature length articleon this case in the September issue of

Town Hall

magazine. Rather than repeat thedetails of that article, this column defendsthe doctors’ conduct, without reference toany religion.The complaint against the doctors is simple:they have a policy of not performingartificial inseminations on unmarriedwomen. Benitez and her allies in the gayrights movement find this offensive andwish it to be outlawed. I believe the doctors’ policy should not only be permitted, but positively celebrated, praised and supported by law.That is because I believe that every child isentitled to a relationship with both of his or her biological parents. Children have a rightto know and be known by both parents.Every child has a right to their genetic andsocial heritage. Every child is entitled tocare, bonding and attachment with both parents.Children cannot possibly defend these rights by themselves. Adult society must protectthem by preventing harm, not throughrestitution after the fact. By the time a childis old enough to grasp that something of value has been withheld from him thedamage has been done. He has gone througha significant part of his childhood withouthis father. That loss can not be restored.Children are sometimes separated from oneor both of their parents. But these situationsare universally recognized as unavoidabletragedies. No woman, gay or straight, has aright to make a lifelong plan that her childwill have no relationship with his father.Deliberately depriving a child of his father isgrotesquely unjust and unspeakably cruel.This is the harm that doctors Brody andFenton sought to prevent through their policy of not inseminating unmarriedwomen. Society should positively supportand affirm doctors who promote the rightsof children. Any rights that same sexcouples may have should not be permitted totrump these more basic rights that every