"The California Supreme Court lets just about anything go," said the radio talk host in response to a caller who objected to the court's Monday ruling in favor of lesbian mother Guadalupe Benitez.

On Monday, California's highest court ruled in favor of Guadalupe Benitez in Benitez v. North Coast Women's Care Medical Group, originally filed on July 5, 2001. In the suit, Benitez charged that she was given fertility treatments by fundamentalist Christian doctors over a period of 11 months and then told that they would not continue her treatments due to their religious objections.

The doctors contended that they were exempt from California's Unruh Civil Rights Act, which guarantees equal access to services provided by for-profit entities, arguing that the federal Employee Retirement Income Security Act of 1974 superseded the state law because the services were paid for through Benitez's insurance plan. California's Fourth Appellate District Court rejected that argument on March 4, 2003, because the claim was against a medical provider over the administration of services, and the health insurer was only the payor.

On Monday, the Supreme Court unanimously ruled that a medical provider could not use religious or speech-based objections to deny medical treatment to a patient based on one's sexual orientation.

"Does that mean pedophiles could adopt?" asked a caller to Mike Gallagher's radio show on Monday. Gallagher contended that with Supreme Court precedent, a man who "liked little girls" and wanted to adopt one as a concubine could sue the adoption agency if they denied him.

California law says otherwise.

Audio of the broadcast is available at Think Progress.