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Pharmacists can't refuse Plan B pill, appeals court says

A pharmacy owner and workers had sued Washington state to block a requirement that they stock and sell the 'morning after' contraceptive.

July 09, 2009|Carol J. Williams

The Alliance Defense Fund, a Christian legal organization that filed the suit on behalf of Stormans, didn't return a call for comment.

Although the courts have yet to pronounce judgment on other aspects of the lawsuit, the unanimous ruling on the free-exercise clause could portend further judgments, as the case moves forward, that a patient's right to timely medication supersedes a pharmacist's personal convictions.


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The three 9th Circuit judges found common ground despite differing outlooks: Two conservatives named to the court by President George W. Bush and a liberal named by President Clinton made up the panel.

The right to freely exercise one's religion "does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability," the 9th Circuit panel wrote.

"Any refusal to dispense -- regardless of whether it is motivated by religion, morals, conscience, ethics, discriminatory prejudices, or personal distaste for a patient -- violates the rules," the panel said.

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carol.williams@latimes.com

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