Lesbian Couple Says Pediatrician Turned Away Newborn Because They Are Gay

Jami and Krista Contreras found a new pediatrician for their daughter, Bay, after the one they’d originally selected turned them away because they are lesbians. (Screenshot via WJBK-TV)

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Two lesbian moms from southeast Michigan say they faced discrimination – something they have begrudgingly become accustomed to – in an unexpected place: the office of the pediatrician they’d selected weeks before on their newborn’s first wellness appointment.

When they learned they were expecting a baby, Jami and Krista Contreras of Oak Park sought out Dr. Vesna Roi, whose holistic approach to treating children and use of natural oils and probiotics appealed to them. The couple told The Detroit Free Press that Roi knew they were lesbians.

“We were really happy with her,” Krista Contreras, the baby’s biological mother, told WJBK-TV. “The kind of care she offered, we liked her personality, she seemed pretty friendly. She seemed pretty straight up with us.”

“When we tell people about it, they don’t believe us. They say, ‘(Doctors) can’t do that. That’s not legal.’ And we say, ‘Yes it is.’ “ – Krista Contreras

Their baby, Bay Windsor Contreras, was delivered by a midwife at home in October. At 6 days, they took the newborn to Eastlake Pediatrics in Roseville, only to be greeted by another pediatrician who told them that after “much prayer” Roi decided she couldn’t treat Bay because the baby’s parents were lesbians.

“I was completely dumbfounded,” Krista Contreras said. “We just looked at each other and said, ‘Did we hear that correctly?’ .... When we tell people about it, they don’t believe us. They say, ‘(Doctors) can’t do that. That’s not legal.’ And we say, ‘Yes it is.’ “

Twenty-two U.S. states have laws prohibiting physicians from discriminating against patients based on their sexual orientation, but Michigan is not among them – and its anti-discrimination law, the Elliott-Larsen Civil Rights Act, doesn’t prescribe protections for LGBT individuals. The federal Civil Rights Act of 1964 doesn’t specifically address the situation either.

Additionally, the Religious Freedom Restoration Act now in the Michigan State Senate would it easier for physicians like Roi to make faith-based decisions on who they plan to treat without reprisal.

“We already don’t have laws to protect these sort of families,” said attorney Dana Nessel, one of the lawyers representing a lesbian couple at the heart of the Michigan gay marriage case that will be considered this term by the U.S. Supreme Court. “And worse, we are considering passing laws that allow further discrimination.”

Tell Us:

• The Religious Freedom Restoration Act is currently before the Michigan State Senate. Critics say it legalizes discrimination against LGBT individuals; supporters say it allows them to practice their faith in peace without fear of government reprisal. What do you think?

Without legal protections, the Contrerases say they don’t plan to sue. But they decided to tell their story to raise awareness about the discrimination that LGBT individuals and families face.

“It was embarrassing, it was humiliating and here we are, new parents trying to protect her,” Jami Contreras said. “And we know this happens in the world and we’re completely prepared for this to happen other places. But not at our 6-day-old’s wellness appointment.”

After they shared their story on social media and with news organizations, Roi wrote a letter of apology – not for her decision, but for not sharing it in person – obtained by the Free Press. It stated, in part:

“Dear Jami & Krista, I am writing this letter of apology as I feel that it is important and necessary. I never meant to hurt either of you. After much prayer following your prenatal (visit), I felt that I would not be able to develop the personal patient doctor relationship that I normally do with my patients.”

She also said she should have “spoken with you directly that day.”

“Please know that I believe that God gives us free choice and I would never judge anyone based on what they do with that free choice,” she wrote.

The Contrerases were always welcome in the office, where they could be seen by another physician, Roi said in the handwritten letter dated Feb. 9.

Related:

• Critics: Religious Freedom Restoration Act Legalizes LGBT Discrimination
• U.S. Supreme Court Will Finally Decide Gay Marriage in 50 States
• Judge Rules Michigan Must Recognize 300 Same-Sex Marriages
• 6th Circuit’s Marathon Gay Marriage Hearing Signals Historic Shift

Roi, 49, declined to specifically discuss the case with the Free Press, citing the federal HIPAA law. But she did say that she has been practicing medicine for 19 years.

“My life is taking care of the babies,” Roi said. “I love my families, my patients. I love my kids. And I have become very close with all my patients.”

The Contrerases found another pediatrician for Bay. When inquiring, they fully disclosed their situation.

“When we started calling other pediatricians my first thing on the phone was, we’re lesbian moms - is this okay with you,” Krista Contreras said.

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