Requiring a Pharmacist to Sell Emergency Contraceptives is Unconstitutional in Washington State
From Reuters:
A federal judge declared on Wednesday that a Washington state rule requiring pharmacists to dispense emergency contraceptives against their religious beliefs is unconstitutional. . .
The ruling only applies to Washington state but is sure to reverberate nationally, as it comes in the midst of a roiling political debate about a new federal regulation mandating that all health insurance plans – even those sponsored by religious employers – provide free birth control. . . .
Washington Governor Chris Gregoire, a Democrat who had pushed for the pharmacy mandate, said the judge’s ruling left her concerned that some women will be denied timely access to emergency contraception, which can prevent pregnancy if taken within a few days of unprotected sex.
Gregoire said she saw “strong arguments” for an appeal of the ruling, though she said no decision had been made.
The lawsuit was brought by a drugstore owner in Olympia, Washington, and two of his pharmacists, all of whom shared the religious conviction that emergency contraceptives are tantamount to abortion because they can block a fertilized egg from implanting in the womb.
They refused to stock or dispense the medication, often referred to as the “morning-after pill” or by the brand name Plan B, and sued to block the regulation.
“I’m just thrilled that the court ruled to protect our constitutional right of conscience,” one of the pharmacists, Margo Thelen, said in a statement issued through her attorneys at the Becket Fund for Religious Liberty.
The case stems from a rule adopted by the Washington State Pharmacy Board in 2007 requiring pharmacies to stock and dispense most medications, including Plan B, for which there is a demonstrated community need.
In his 48-page opinion, Leighton noted that Washington permitted pharmacy owners to decide against stocking certain medications for any number of “secular reasons” – because they are expensive, for example, or inconvenient to dispense, or because they simply don’t fit into the store’s business plan. Yet the rule did not allow pharmacists to assert a religious reason for keeping certain drugs off their shelves.
“A pharmacy is permitted to refuse to stock oxycodone because it fears robbery, but the same pharmacy cannot refuse to stock Plan B because it objects on religious grounds,” the judge wrote. “Why are these reasons treated differently under the rules?”
Hmmm. Thoughts? You can read the full story here.