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FEDERAL APPEALS COURT OKs INJUNCTION TO PROTECT PRO-LIFE PHARMACISTS. A federal appeals court has upheld an injunction in a lower court ruling that halted a new state requirement forcing pharmacists to fill prescriptions for all drugs.
The mandate included drugs that would violate their moral or religious beliefs of pharmacists who don't want to be involved in abortions.
Washington state pharmacists who are pro-life were worried they could be forced to dispense the morning after pill or birth control drugs.
Under pressure from pro-abortion Gov. Chris Gregoire, the pharmacy board approved the rules in 2007.
Kevin Stormans, who owns pharmacies in the state, filed a lawsuit along with other pharmacists in July seeking to overturn the new rules and opt out of dispensing the Plan B pills.
U.S. District Judge Ronald Leighton ruled that pharmacists can refuse to fill a prescription for the morning after pill or other objectionable drugs if they refer the customer to another store where they can get the order filled.
On Thursday, the Ninth U.S. Circuit Court of Appeals turned back a request from the state government and abortion advocates to suspend the judge's preliminary injunction while their appeal of Judge Leighton's decision moves forward.
The appeals court ruled that the abortion advocates did not prove how women would be injured by the injunction staying in place while the appeals court rules on the appeal.
According to the Reuters report, the appeals court also approved a
request from the state to speed up the proceedings in the case. Oral
argument had been scheduled for June 3 in Seattle but that date may be
pushed forward after today's ruling.
In his decision, Leighton wrote that pharmacists would likely be
victimized by the pharmacy regulations because their moral or religious
beliefs would be abrogated.
"On the issue of free exercise of religion alone, the evidence before
the court convinces it that the plaintiffs ... have demonstrated both a
likelihood of success on the merits and the possibility of irreparable
injury," he wrote.
The ACLU, Planned Parenthood and the pro-abortion Northwest Women's Law Center joined the state in asking for an appeal.
The abortion proponents object to the "refuse and refer" system the
injunction set up whereby objecting pharmacists can refused to dispense
the drug and refer customers to another pharmacy.
The state board approved the new rules on a unanimous vote saying that
pharmacists can't get in the way of a patient's "right" to a
prescription.
The new rules allow pharmacists to opt out of dispensing the drug, but
only if a colleague is available at the pharmacy at the time the
customer wants the drug. Pharmacy owners are not given an option to
exercise their rights.
But pro-life pharmacists said in their lawsuit that the law forces them
into "choosing between their livelihoods and their deeply held
religious and moral beliefs."
The lawsuit followed a new survey showing a majority of Americans
believe pharmacists should be given a conscience clause to protect
their moral and religious views.
The Baraga Interactive polling firm conducted the survey for
Pharmacists for Life International and found that a majority of
Americans favor optional coverage of so-called "birth control," and
favor pharmacists being able to enjoy freedom of conscience regarding
when to not fill or counsel for drugs.
Sixty-five percent support a pharmacist's right to decline to fill or
counsel for prescription drugs which violate their moral or religious
views.
California, New Jersey and Illinois have laws similar to those in
Washington while Arkansas, Georgia, South Dakota and Mississippi have
laws that support the pharmacist's right to opt out of dispensing drugs
that violate their moral or religious views. [1May08, Ertelt,
www.LifeNews.com, Olympia, WA]
WASHINGTON STATE Pharmacy Board Approves Rules With No Conscience Clause (4/07)
The Washington state pharmacy board has approved new rules requiring pharmacists to fill all legal prescriptions for drugs.
The rule would apply even
if the pharmacist objects to the drug on the grounds that it could
cause an abortion or for other moral or religious reasons.
The state board approved
the new rules on a unanimous vote saying that pharmacists can't get in
the way of a patient's "right" to a prescription.
Pharmacists who have a
problem with a drug can get a co-worker to fill the order but only if
another pharmacist is present. They can't make a customer wait for a
pharmacist to arrive in a later shift.
The board also said that
pharmacies would be required to stock all drugs to serve their
customers, which could require some pharmacies that don't want to stock
the morning after pill to keep it on hand.
Health Department spokesman Jeff Smith told the Associated Press that the new rules will take effect in mid-June.
The rule is a compromise
worked out after pro-abortion Gov. Chris Gregoire threatened to remove
members of the pharmacy board after they initially proposed ruled with
a more expansive conscience clause. [12Apr07, LifeNews.com, Olympia,
LifeNews.com]
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