North Coast Women's Care Medical Group, Inc. v. Superior Court

*1150 Opinion

Do the rights of religious freedom and free speech, as guaranteed in both the federal and the California Constitutions, exempt a medical clime’s physicians from complying with the Unruh Civil Rights Act’s (Civ. Code, § 51) prohibition against discrimination based on a person’s sexual orientation? Our answer is no.

I

This case comes to us after the trial court granted plaintiff’s motion for summary adjudication of one affirmative defense, thereby determining that no triable issue of material fact existed as to the defense and that plaintiff was entitled to judgment on the defense as a matter of law. (See Code Civ. Proc., § 437c, subds. (c), (f)(1).) The Court of Appeal issued a writ of mandate setting aside that ruling on the ground that it failed to completely dispose of the affirmative defense and thus was contrary to the statutory requirements for summary adjudication. (See Code Civ. Proc., § 437c, subd. (f)(1).) Because this case reached us pretrial, after the trial court granted plaintiff’s motion for summary adjudication, our factual description comes primarily from the parties’ statements of undisputed facts filed in connection with that motion.

Plaintiff…

I join the majority’s narrow conclusion that, on the facts of this case, defendants have no affirmative defense, based on the free exercise of religion clauses of the federal and state Constitutions, against plaintiffs’ Unruh Civil Rights Act (Civ. Code, § 51) claims of discrimination on the basis of sexual orientation. With respect to the application of article I, section 4 of the California Constitution to this issue, I do not necessarily believe the state has a compelling interest in eradicating every difference in treatment based on sexual orientation (cf. In re Marriage Cases (2008) 43 Cal.4th 757, 875-877 [ 76 Cal.Rptr.3d 683 , 183 P.3d 384 ] (conc. & dis. opn. of Baxter, J.) [sexual orientation is not suspect classification; statutory definition of marriage as between man and woman satisfies rational basis test]). However, I agree that California has a compelling interest, furthered by the Unruh Civil Rights Act, “in ensuring full and equal access to medical treatment irrespective of sexual orientation” (maj. opn., ante, at p. 1158, italics added), including a right to full medical assistance in establishing a pregnancy.

Of course, assuming that a strict scrutiny standard…