Illinois Pharmacists Sue Over 'Must Dispense' Order -- GOPUSA

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Illinois Pharmacists Sue Over 'Must Dispense' Order
By Susan Jones
CNSNews.com Morning Editor
April 14, 2005

(CNSNews.com) -- Illinois Gov. Rod Blagojevich was on shaky legal ground when he issued an emergency order requiring pharmacists to dispense medication that violates their religious beliefs, a conservative civil liberties group says.

The American Center for Law and Justice (ACLJ) announced it has filed a lawsuit on behalf of two pharmacists who are challenging Blagojevich's order amending the state code.

In response to the ACLJ's lawsuit, Blagojevich said on Wednesday that his office "will vigorously defend a woman's right to get her prescription for birth control filled without delay, without hassle and without a lecture."

The ACLJ lawsuit says the governor's order is unenforceable because it violates state law, including the Illinois Health Care Right of Conscience Act, which makes it unlawful for any public official to discriminate or punish any person who refuses to "participate in any way in any particular form of health care services contrary to his or her conscience."

"This directive is not only legally flawed but it puts pharmacists in the untenable position of having to choose between adhering to their religious beliefs and violating a law that could cost them their jobs," said Francis J. Manion, senior counsel of the ACLJ.

"There are protections in place to prevent employees from being punished because of their religious beliefs," Manion said. He called the governor's order "out of step" with state law.

The ACLJ wants the court to issue an injunction that would block the enforcement of the directive -- and ultimately declare the governor's action null and void.

The plaintiffs in the lawsuit filed Wednesday are Peggy Pace and John Menges, two registered pharmacists who refuse to dispense the morning-after pill and/or "Plan B" medication because they believe the drugs produce abortions.

Pace is a staff pharmacist at a retail chain in Glen Carbon and Menges works as a staff pharmacist at a retain chain in Collinsville, ACLJ said.

The lawsuit argues that the governor's order violates a number of laws, including the Illinois Health Care Right of Conscience Act, the Illinois Religious Freedom Restoration Act, the Illinois Human Rights Act, and Title VII of the Civil Rights Act of 1964.

"The religious beliefs of those in the health care industry must be protected," said Manion. "The pro-life pharmacist who chooses not to dispense abortion-producing drugs should not face punishment and discrimination for abiding by those convictions."

The Washington-based ACLJ specializes in pro-life litigation.

'No moral judgements'

Gov. Blagojevich has warned pharmacies that they will face penalties -- including fines and/or license revocation -- for ignoring his emergency rule.

"If a pharmacy wants to be in the business of dispensing contraceptives, then it must fill prescriptions without making moral judgments," Blagojevich said on Wednesday.

"Pharmacists - like everyone else - are free to hold personal religious beliefs, but pharmacies are not free to let those beliefs stand in the way of their obligation to their customers."

The governor said he issued his emergency rule on April 1 in response to complaints that some pharmacists were refusing to dispense "prescription contraceptives."

The emergency rule is effective for 150 days, and the governor is seeking a permanent rule to replace it.