
Equal access to healthcare and reproductive rights are civil rights.
LGBT individuals are entitled to healthcare free of prejudice. NCLR’s advocacy is focused on eradicating barriers faced by LGBT people in accessing health care or protecting themselves and their family members in times of crisis. Whether making arrangements for living wills, entering senior or convalescent facilities, undergoing sex reassignment treatment, or planning a family, NCLR works to ensure all people are treated with dignity and respect.
1973’s landmark Roe v. Wade established that all people in this country have a fundamental right to reproductive freedom. Reproductive freedom encompasses a woman’s right to choose, a physician’s right to provide the care that he or she believes is medically appropriate and necessary to his or her patients without unwarranted interference from the government, and full and equal access to healthcare for all people, including equal access to assisted reproduction. The current United States Supreme Court has placed these freedoms in jeopardy; however, NCLR is working with other civil rights organizations to protect and advance these precious human rights.
As LGBT people create families, legal challenges arise, specifically around access to healthcare. Through our legal gains in family law over the years, we have made significant advances in securing our rights to adoption and parenting. The complementary legal gain to this advancement is reproductive freedom for everyone, regardless of LGBT or HIV status. The ability to create and have a family should be available to all.
Everyone is entitled to full and equal access to healthcare. NCLR’s case on behalf of Jenniffer Spencer exemplifies the devastating effects of discriminatory policies. NCLR, the law firm of Morrison & Foerster LLP, and the law firm of Stoel Rives, LLP is suing the Idaho Department of Corrections (IDOC) on behalf of Spencer, seeking to ensure that she receives medically necessary care. Since 2004, the Idaho Department of Corrections has denied Spencer, a transgender woman, appropriate medical treatment for Gender Identity Disorder (GID). Spencer has made more than 75 written requests for evaluation and treatment, but the IDOC failed to follow its own policies for transgender inmates and displayed deliberate indifference to her serious medical needs. On July 27, 2007, the court granted Spencer’s motion for preliminary injunction and ordered the IDOC to immediately begin providing her with appropriate female hormone therapy.
NCLR will not stop fighting until this kind of injustice ends.
news & opinion
Press Release
Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment
ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
06.15.09—After a lesbian was barred from visiting her partner and giving advice about her treatment at a Fresno hospital, the American Civil Liberties Union and the National Center for Lesbian Rights sent a letter to the hospital today urging that it adopt policy changes respecting same-sex relationships.
Press Release
California Supreme Court Unanimously Rules That Doctors Cannot Deny Treatment to Lesbian Patients
Justices reject attempt to create exception to California non-discrimination law
08.18.08—Today, the California Supreme Court issued a unanimous ruling in Benitez v. North Coast Women’s Care Medical Group, declaring that the physicians of the North Coast Women’s Care Medical Group cannot deny medical treatment to individuals based on their sexual orientation. In 1999, North Coast Women’s Care Medical Group refused to provide fertility treatments to Guadalupe Benitez because Benitez is a lesbian in a same-sex relationship. In its historic decision, the court ruled today that California law prohibits such discrimination and rejected the doctors’ argument that their religious beliefs should enable them to deny treatment based on an otherwise legally protected characteristic. Jennifer C. Pizer of Lambda Legal argued the case before the California Supreme Court on May 28, 2008. The National Center for Lesbian Rights filed an amicus brief along with medical, civil rights, and community based organizations, in support of Benitez’s claim.
click here to read the California Supreme Court decision (pdf)
Press Release
Federal Judge in Idaho Orders Treatment for Transgender Inmate
07.30.07 — In a groundbreaking decision, a federal district court judge ruled Friday that the Idaho Department of Corrections must provide female hormone therapy to a transgender inmate while her case proceeds to trial in federal court in Boise, Idaho.
from the docket
Victory! (Idaho)
Gammett v. Idaho State Board of Corrections
Jenniffer Spencer is currently serving a 10-year prison sentence for possession of a stolen car and a failed escape attempt that occurred when she was a teenager. Since she has been incarcerated in Idaho, Spencer, a transgender woman, made repeated requests—75 in total—for treatment for her gender identity disorder (GID), but the Idaho Department of Corrections (IDOC) failed to provide her with any appropriate care.
Loss (New York)
Mariah L. v. Administration for Children’s Services
Mariah L. is a 20 year old male-to-female transgender youth who is a foster child in the custody of the New York Administration for Children’s Services (ACS), which has a duty to provide and pay for all necessary medical care and treatment for children placed in NYC foster care. Although all of Mariah’s medical providers agreed that surgery is medically necessary for her particular needs, ACS refused to provide it.
Victory! (California)
Benitez v. North Coast Women's Care Medical Group
Guadalupe "Lupita" Benitez was denied infertility treatment by her Southern California healthcare providers because she is a lesbian. The trial court rejected the doctors’ claim that they do not have to follow California’s anti-discrimination law because they have religious objections to serving lesbian patients.
publications & downloads
Lifelines: Documents to protect you and your family (pdf)
This publication contains information about essential documents that will help you protect yourself and your loved ones in the event of illness, disability, or death, including creating documents to protect your personal choices about medical care and the persons who can visit you in the hospital.









