Judge Jeanne Scott upholds pharmacist “right to conscience” on Plan B
Thursday, August 2nd, 2007The Illinois State Journal-Register is reporting the following:
A federal judge’s ruling this week upholds the right of Illinois pharmacists to refuse to dispense emergency contraception.
Gov. Rod Blagojevich in 2005 issued a rule requiring Illinois pharmacies to dispense emergency contraception. The governor’s rule was designed to prevent pharmacies from being able to deny women access to “Plan B” contraceptives, even if pharmacists who work there disagree with dispensing the drug on moral grounds.
Some pharmacists consider Plan B a form of abortion because the drug can prevent a fertilized egg from implanting in a woman’s uterus.
Wal-Mart and Walgreen Co. have disciplined some company pharmacists for either refusing to dispense Plan B or for refusing to promise that they would dispense emergency contraception if asked.
U.S. Judge Jeanne Scott Tuesday denied a request by Wal-Mart to throw out a lawsuit filed by pharmacist Ethan Vandersand. Scott sided with Vandersand, who had claimed that he was legally protected from discipline by the Illinois Health Care Right of Conscience Act when he declined to dispense Plan B.
Vandersand, who lives in Bluffs, formerly worked at the pharmacy in Beardstown’s Wal-Mart and was put on unpaid leave after he refused to fill a Plan B prescription requested by a nurse practitioner at Springfield’s Planned Parenthood on behalf of a female patient in February 2006.
Wal-Mart had contended that the state’s right-of-conscience law doesn’t cover pharmacists. Walgreen Co. has made the same argument in other Illinois lawsuits filed by fired pharmacists.
But Scott wrote in her ruling, “The statute prohibits discrimination against any person for refusing to provide health care because of his conscience.”
She also wrote: “Providing medication … constitutes health-care services. Any person, including Vandersand, who refuses to participate in any way in providing medication because of his conscience is protected by the Right of Conscience Act.”
Vandersand’s lawsuit against Wal-Mart, in which he is asking for lost pay and an unspecified amount of monetary damages, continues in federal court.
I’ve always held that Governor Rod’s rule was unconstitutional in that it infringed on pharmacists’ right of freedom of religion (guaranteed by the 1st amendment to the U.S. Constitution). I’ve also contended that it is tyrannical in that it coerced people to act in ways contrary to the dictates of their conscience. I’m glad to see the courts acting as the founders intended.

