Americans United for Life: Ninth Circuit Ruling on Pharmacists Endangers Fundamental...

Fri Jul 10, 2009 6:38pm EDT
 
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Americans United for Life: Ninth Circuit Ruling on Pharmacists Endangers
Fundamental Freedoms

 


CHICAGO, July 10 /PRNewswire-USNewswire/ -- Fundamental American freedoms
suffered a blow on Wednesday when the Ninth Circuit ruled that an
administrative rule of the Washington Board of Pharmacy took precedence over
individual freedom of conscience.

The Ninth Circuit's decision in Stormans v. Selecky, overturning a lower-court
decision blocking a draconian rule of the Washington Board of Pharmacy, means
pharmacists in Washington will now be forced to provide RU-486 (the abortion
pill), Plan B (the "morning-after" pill), and contraceptives without regard to
their religious, moral, or ethical beliefs.  The lower court had enjoined the
rule while litigation over the rule's constitutionality continued.

AUL President & CEO Dr. Charmaine Yoest said of the decision, "When a state
steps in and forces healthcare professionals to provide services contrary to
their religious, moral, or ethical beliefs, it is a loss for liberty and
undermines the Constitution itself."

AUL assisted the plaintiffs' attorney in coordinating amicus brief support and
also filed a brief on behalf of nineteen Washington Senators and
Representatives, arguing that the U.S. Constitution and Supreme Court
decisions provide strong freedom of conscience protections for all healthcare
professionals.  The brief also demonstrated that the Washington state
officials blatantly ignored a long-standing state law protecting freedom of
conscience of healthcare professionals.

AUL's brief is available at
http://www.aul.org/xm_client/client_documents/briefs/WA_ROC_StormansVSelecky.pdf.


AUL Vice President of Legal Affairs Denise Burke said, "This is a tremendous
blow to the medical profession.  When health-care professionals have to choose
between their livelihood and their deepest-held beliefs, we lose qualified
health-care providers who are already in short supply in many parts of the
nation.  This is not the type of 'health-care reform' that we need."

AUL Staff Counsel Mailee Smith added, "The court erroneously concluded that
the Board of Pharmacy's rule does not target conscientious pharmacists,
despite the fact that the rule was promulgated as a direct result of Gov.
Christine Gregoire's threat to remove the entire board if it allowed religious
accommodation.  There is no question that the rule was aimed at pharmacists'
moral and religious beliefs."

About Americans United for Life
Americans United for Life (AUL) is a nonprofit, public-interest law and policy
organization whose vision is a nation in which everyone is welcomed in life
and protected in law.  The first national pro-life organization in America,
AUL has been committed to defending human life through vigorous judicial,
legislative, and educational efforts at both the federal and state levels
since 1971.  The Wall Street Journal has profiled AUL, and PBS' Frontline
program chronicled AUL's successful efforts in Mississippi.




SOURCE  Americans United for Life

Heather Smith, +1-202-270-9962, heather.smith@aul.org

 

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