In Vitro Fertilization Denied To Lesbian Couple By Fertility Clinic On Same Day North Carolina Anti-LGBT Law Went Into Effect

One North Carolina lesbian couple is launching a lawsuit against a fertility clinic where they claim to have been denied in vitro fertilization under the state’s new anti-LGBT laws.

The American Civil Liberties Union (ACLU) is now suing on behalf of Kelly Trent and Beverly Newell, a couple who says that when they called to schedule their in vitro fertilization appointment, they were told the clinic, Advanced Reproductive Concepts (ARC) would no longer be accepting same-sex couples as clients. The couple noted that the exchange happened to fall on the same day that North Carolina’s HB2 bill went into effect — April 1, reported the Washington Post.

“The bill has been described as a bathroom bill, but the whole issue is just a smokescreen for discrimination” https://t.co/HGZ9ydZHgs #HB2

— ACLU National (@ACLU) April 21, 2016

Trent and Newell are arguing that the alleged denial of in vitro fertilization from the clinic is a sure sign of what is to come under HB2. While it masquerades as a way to keep genders separate in bathrooms, Trent said that it’s really just a way to grant businesses the right to discriminate against LGBT clients.

“The bill has been described as a bathroom bill, but the whole issue is just a Trojan horse or a smokescreen for discrimination. We’re all paying for this bill one way or another.”

In response, the clinic has denied that the action has anything to do with anti-LGBT discrimination. Instead, ARC argues that their decision was based on a policy that denies the use of third-party sperm for in vitro fertilization. In a public statement, the clinic calls the claims against them “libelous and defamatory,” saying that they do not condone discrimination of any kind. Furthermore, ARC offers, several other clinics in the area are equipped to carry out the procedure.

“Due to FDA regulations and requirements, limited staff and the scaling back of our practice, Advanced Reproductive Concepts is not currently accepting new donor sperm cases for any couples regardless of sexual orientation. Advanced Reproductive Concepts is a small boutique practice that does not offer all reproductive services but chooses to specialize in vitro fertilization which does not involve the use of third party donors. The libelous and defamatory statements circulating on social media are based on conjecture and conclusionary opinions which are not well grounded in fact.”

ARC Statement by ElizabethRiebe-Thomas

ACLU doesn’t accept this excuse. Representatives from the organization have maintained that there is no legitimate reason to reject in vitro fertilization with a third party’s sperm and that the fertility clinic is using it as an excuse to assure they do not have to meddle with gay clients.

Although North Carolina is at the center of in vitro fertilization rights right now, the fight over the issue has raged for more than a decade in several other states across the nation. One of the most emblematic cases took place in California, where Guadalupe Benitez argued that she was denied services from her fertility clinic based on her sexual orientation. In response, the clinic argued that she was denied the procedure because she was single. California’s state court eventually ruled in her favor, reported the Wall Street Journal.

“Do the rights of religious freedom and free speech … exempt a medical clinic’s physicians from complying with … [California’s] prohibition against discrimination based on a person’s sexual orientation? Our answer is no.”

Aside from a possible chilling effect on the practice from North Carolina’s anti-LGBT laws, fertility clinics now carry out more in vitro fertilizations than ever before. In 2012, 61,000 babies were conceived through the procedure, a number totaling 1.5 percent of total births, reported NPR.

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