Federal Judge refuses to dismiss lawsuit challenging Illinois rule requiring pharmacists to fill prescriptions for emergency contraception

Sep 11 2006

U.S. District Judge Jeanne Scott on Wednesday ruled against a motion to dismiss a lawsuit that aims to block an Illinois rule that requires pharmacies to dispense prescriptions for emergency contraception -- which can prevent pregnancy if taken within 72 hours of sexual intercourse -- saying the plaintiffs have a legitimate claim that the rule infringes on their religious rights, the AP/Belleville News Democrat reports (O'Connor, AP/Belleville News Democrat, 9/7).

Under the rule -- which was proposed by Gov. Rod Blagojevich (D) and approved in August 2005 by the Illinois Joint Committee on Administrative Rules -- state pharmacies are required to dispense EC if they stock any FDA-approved contraceptive or risk losing their licenses.

If any prescribed contraceptive is out of stock, pharmacies must provide an alternative, order the drug, make arrangements for another local pharmacy to fill the order or return the prescription to the customer.

The rule allows pharmacies to opt not to sell any contraceptives.

The American Center for Law and Justice lawsuit -- filed in Dec. 2005 against Blagojevich; Dean Martinez, acting secretary of the state Department of Financial and Professional Regulation; and Daniel Bluthardt, acting division chief of the Division of Professional Regulation -- argues that the state rule violates the pharmacists' religious liberties under the First Amendment, the Illinois Health Care Right of Conscience Act and the Illinois Religious Freedom Restoration Act (Kaiser Daily Women's Health Policy Report, 12/22/05).

ACLJ filed the lawsuit on behalf of five pharmacists who were fired or suspended without pay by Walgreen for declining to fill prescriptions for EC based on moral beliefs and two pharmacists employed by other businesses who say they are concerned about facing similar consequences, the AP/News Democrat reports.

If the plaintiffs' claims are deemed legitimate, the rule could be seen to target pharmacists "for the purpose of forcing them either to compromise their religious beliefs or to leave the practice of pharmacy," Scott wrote in her ruling. The pharmacists "simply want the state to respect their right to refrain from participating in activity that violates their sincerely held beliefs," Frank Manion, an ACLJ lawyer, said.

Blagojevich spokesperson Rebecca Rausch said, "We're not requiring pharmacists to dispense birth control, but those who make the business decision to do it should fill all prescriptions for birth control" (AP/Belleville News Democrat, 9/7).