The Supreme Court may review a case that pits a Washington State regulation against pharmacists whose religious beliefs forbid dispensing certain birth control medications.
A lower court had ruled in 2012 that the
Washington State Board of Pharmacy had violated the pharmacists' religious
freedom by forcing them to stock and supply Plan B and other emergency contraceptives.
The case was brought by Ralph's Thriftway and pharmacists Margo Thelan and Rhonda Meiser. They refused to dispense the medications and referred patients to other pharmacists who were willing to provide the contraceptives. U.S. District Judge Ronald Leighton ruled in 2007 and again in 2012 that the 2007 state regulation violated the pharmacists' religious freedoms.
The case was taken to the three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The appeals court sent the case back to Judge Leighton in 2009 for review. He decided in favor of the pharmacists in 2012. When the state appealed Judge Leighton's latest ruling, the appeals court overturned his decision. The court deemed that sending patients to other pharmacies was not an acceptable alternative, as time is of the essence with Plan B and similar contraceptives and patients in rural areas may not have access to other pharmacies.
Washington Attorney General Bob Ferguson released a statement in March, regarding his brief filed with the Supreme Court. He asked the high court to decline the case.
“The appeals court decision keeps decisions regarding medical care, including reproductive rights, where they belong: between a patient and his or her medical professionals,” Ferguson said. “That unanimous ruling should stand.”
If the Supreme Court declines to hear the case, the appeals court ruling will stand. The state regulation will remain in place, requiring that pharmacies and pharmacists stock and dispense emergency contraceptives to patients.
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