The incident has raised valid questions about whether Roi’s actions were justified, ethical or even legal.
“As far as we know, Bay doesn’t have a sexual orientation yet so I’m not really sure what that matters,” Jami added to WJBK. “We’re not your patient — she’s your patient. And the fact is that your job is to keep babies healthy and you can’t keep a baby healthy that has gay parents?”
The answer is: It depends.
Ethically speaking, the American Medical Association takes a strong stance against denying care to people because of their sexual orientation — and it is reasonable to assume, the sexual orientation of their parents.
But their ethical guidance is just that: Guidance. Doctors aren’t bound by it.
“Respecting the diversity of patients is a fundamental value of the medical profession and reflected in long-standing AMA ethical policy opposing any refusal to care for patients based on race, gender, sexual orientation, gender identity or any other criteria that would constitute invidious discrimination,” said Gregory Blaschke, chair of the AMA’s LGBT Advisory Committee,
in a statement to the Detroit Free Press.
But what about the legality of it all? Well, that depends, too.
There’s no federal law prohibiting doctors or any other service providers or merchants from refusing service to gay people. And in Michigan, there’s no state law prohibiting it either.
“There’s no law that prohibits it,” Wayne State University constitutional law Prof. Robert Sedler
explained to the Free Press. “It’s the same as a florist refusing to sell flowers for a same-sex wedding.”
And while
individual states have taken steps to ban the practice, Michigan is considering going in exactly the opposite direction.