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Since homosexuals can't be legally married in California, insisting upon marriage for insemination is insisting on a legal impossibility as qualification for legal status. How can this be, well, legal?
If the woman, straight or gay, was clearly unfit, the issue would be worthy of discussion, but turning a physician into a moral touchstone is a travesty of law and medicine.
Of greater concern is the evolving notion that physicians and pharmacists duty is to themselves and their religious beliefs rather than to their patients and to their professions. Whether the request is for birth control or birthing, the province of medicine is to distribute health care and law to set the standards of health care, not the morals of those who need it.