Illinois Supreme Court Orders Circuit Court To Consider Lawsuit By Pharmacists Objecting To EC

Main Category: Women's Health / Gynecology
Also Included In: Sexual Health / STDs;  Litigation / Medical Malpractice;  Pharmacy / Pharmacist
Article Date: 22 Dec 2008 - 3:00 PDT

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The Illinois Supreme Court on Thursday ruled that a circuit court must consider a lawsuit brought by two Illinois pharmacists objecting to a rule that requires pharmacies to dispense emergency contraception, the AP/Google.com reports. Illinois Gov. Rod Blagojevich (D) in 2005 issued a rule prohibiting pharmacies from refusing to dispense EC. However, the lawsuit claims that state law prohibits forcing health workers to make decisions they find morally objectionable. Lower courts previously had dismissed the pharmacists' claims and refused to hear the case. The case now will return to the Sangamon County Circuit Court, the AP/Google.com reports.

Justice Robert Thomas, who wrote for the majority opinion, said Blagojevich's public statements that pharmacists with moral objections to the rule "should find another profession" indicate that Illinois would not allow exceptions to the rule, which would leave the plaintiffs with no other recourse but the courts. Thomas did not comment on the constitutionality of the rule or whether it violates state laws. Justice Charles Freeman, joined by Justice Anne Burke, dissented from the opinion, saying it is inappropriate for the court to use the governor's public statements to make a decision about the rule. Freeman added that the rule is not aimed at small business owners such as the plaintiffs because the state has enforced the rule only three times, all against large chain pharmacies.

Mark Rienzi, an attorney for the pharmacists, praised the court's decision, saying, "This says to all health care workers in Illinois, 'You do have recourse. You can go to the court to seek protection.'" Plaintiff Luke Vander Bleek, who runs pharmacies in three Illinois towns, said, "I cannot follow my religion's teachings and continue to be involved" in EC. Vander Bleek added that his stores do not carry or dispense the drugs. "I don't think the governor should get to choose which conscientious objections are valid and which are not," he said.

Supporters of the rule, including the American Civil Liberties Union and Planned Parenthood, say they believe the rule will not be overturned in the lower court. Pam Sutherland of Planned Parenthood of Illinois said the rule "is working." Planned Parenthood in the past received several calls each month from women who had been denied birth control at pharmacies, Sutherland said, adding that the complaints ended after the rule took effect. According to the AP/Google.com, the Illinois rule has spurred several other lawsuits, including one in a federal court that ended in a ruling that objecting pharmacists would not have to participate in filling the prescription but should contact a pharmacist at another location that would be willing to do so (Johnson, AP/Google.com, 12/18).

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