Slog
News & ArtsWednesday, February 22, 2012
The Ladies Pharmacy Can Refuse Women Emergency Contraceptives, Judge Rules
Posted by Cienna Madrid on Wed, Feb 22, 2012 at 1:49 PM
This morning, Tacoma Federal Court Judge Ronald Leighton narrowly ruled that one family-owned pharmacy in Washington State and two licensed pharmacists with religious objections to issuing the emergency contraceptive known as Plan B cannot be forced by the state to carry or sell the drug, as it infringed upon their religious freedoms.
In response, women's rights advocates are preparing to appeal their case to the 9th Circuit Court of Appeals. "We think that the decision is both legally and morally incorrect," states Lisa M. Stone, Executive Director of the women's advocacy organization Legal Voice, which joined Planned Parenthood Votes NW in co-representing seven individuals who intervened in the lawsuit on behalf of patients. "The judge ignored well-established legal principles long ago articulated by the Ninth Circuit and U.S. Supreme Court."
Today's decision stems from a 2007 lawsuit brought forward by Ralph's pharmacy in Olympia and the two pharmacists (not affiliated with Ralph's), who sought to block two then-new rules adopted by the Washington State Board of Pharmacy that required all pharmacies to stock and sell all lawfully prescribed medications for which there is a community demand—even if there is a pharmacist on staff who refuses to fill some medications* for religious reasons**. The plaintiffs argued that the rules would infringe on their constitutional rights to deny women access to medications that make Baby Jesus cry.
Judge Leighton's ruling isn't surprising. In November 2007 he suspended the rules—which affected the state's 1,432 registered pharmacies—until the matter could be settled in court, a move construed as being strongly sympathetic to the plaintiffs.
But it is highly unusual because it appears to only apply to the plaintiffs in the case, as opposed to all pharmacies and pharmacists in Washington State. What this means is that it could be up to Attorney General (and gubernatorial hopeful) Rob McKenna to interpret how Judge Leighton's decision affects every other pharmacy in the state. "That's how I interpreted the ruling," says Stone. "The AG's office will certainly be reading the opinion very carefully."
*Like Plan B.
**Because claiming to love God trumps FDA guidelines and a degree in medicine.
In the meantime, the state can choose to enforce the Board of Pharmacy's rules with other pharmacies that elect not to carry Plan B or other medications. For instance, NARAL Pro-Choice Washington, another fine pro-lady organization following the case, has found that 130 pharmacies in the state—or 12 percent—do not sell emergency contraception. Another 24 pharmacies reported that they have pharmacists on staff who will not sell it (in fact, here is a helpful map that shows who doesn't stock or sell EC).
"Many pharmacies that do not carry the medication offered to purchase it upon request, with a one-to-two day wait time for customers," writes Alison Mondi, a spokeswoman for the organization. As most women know, Plan B is only effective if ingested within 72 hours of unprotected sex.
Applying Judge Leighton's decision universally to all pharmacies and pharmacists would give more pharmacies and nosy, self-righteous pharmacists carte blanche to insert their religious edicts into the private lives of Washington women. It would especially affect those living in Washington's rural areas who need access to time-sensitive contraceptives. And of course, the decision could be used to lube up the slippery slope of religious objections, where one can imagine crucifix-waving pharmacists objecting to selling women oral contraceptives, or even condoms out of wedlock.
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I don't see how a Pharmacist who is licensed by the state, and hence guaranteed a high income, can then suddenly claim to be independent and make his own rules.
If you want the license, then you have to fulfill requirements. Otherwise, quit and find another place to live or job category!
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Are they also not required to fill the prescriptions of an interracial couple because the bible?
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For instance, if a restaurant can refuse service to people not wearing shirts or shoes, they can clearly refuse service to Mormons, or Jews, or Muslims, or whoever they happen to object to.
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I would be more than happy to let religious people and religion go along on its merry way, if only they'd keep their beliefs to themselves. But they don't. Since they refuse to keep their fantasies to themselves, then I refuse to stop denying them their fantasies.
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Most times these guys aren't trying to get out of handing the drug out, no matter what they claim. They are trying to keep women from taking it. They are attempting to force women to live according to their own religious beliefs. And they don't have to do that. My first gynecologist was a very devout Catholic. He wouldn't write a prescription for birth control to anyone. He would politely excuse himself, leave the room, and in would walk his protestant colleague. He was a NALT, in his 70s, 20 years ago. We need more NALTs.
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These pharmacists should have their licenses taken away, and all pharmacists in the state who refuse to DO THEIR JOBS, who think they know better than patients and doctors, should also have their licenses taken away. Find another kind of job if you refuse to do the one you have.
Again. Nothing to do with religious liberty. It's completely twisted and ahistorical to pretend that it does.
This is about restricting another person's choices because YOU don't agree with them having that choice.
1. Fulfill our customers needs, and exceed their expectations.
NO, rly.
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Right, they should lose their license to distribute medicine for this.
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But underlying all of this is a disturbing notion that the default should be that "accidental" children are unwanted, and unnecessary. Also ignored are the long-term health effects of all these methods on women. It is far from the simplistic question many make of it.
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