I got the posture of the case wrong in my previous one sentence
description. Here is a more accurate description of the case history:
"In 2001, a Superior Court judge threw out the
lawsuit on the grounds that federal rules covering employer health plans bar
state civil rights actions. The San Diego appeals court reversed that in 2003,
however, ruling that the federal law doesn't apply if a doctor denied treatment
for nonmedical reasons.
When the case returned to Superior Court, lawyers for Benitez asked Judge Ronald Prager to rule before trial that the doctors could not raise the religious-liberty issue as a defense because there is no religious-belief exception to the Unruh Act. When Prager agreed, the doctors went to the appeals court." See: http://www.signonsandiego.com/uniontrib/20050807/news_1n7vitro.html Allen Asch
In a message dated 6/15/2006 11:48:06 AM Pacific Daylight Time,
[EMAIL PROTECTED] writes:
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