Judge Says Wash. Can’t Make Pharmacies Sell Plan B
In a ruling that appears headed toward appeal, a federal judge has ruled that Washington state cannot force pharmacies to sell Plan B or other emergency contraceptives.
The state’s true goal in adopting the rules at issue was not to promote the timely access to medicine, but to suppress religious objections by druggists who believe that such drugs can have an effect tantamount to abortion, U.S. District Judge Ronald Leighton said in his ruling Wednesday.
Washington’s rules require that pharmacies stock and dispense drugs for which there is a demand. The state adopted the dispensing regulations in 2007, following reports that some women had been denied access to Plan B, which has a high dose of medicine found in birth-control pills and is effective if a woman takes it within 72 hours of unprotected sex.
State lawyers argued that the requirements are legal because they apply neutrally to all medicines and pharmacies, and because they promote a government interest - the timely delivery of medicine, including Plan B, which becomes less effective as time passes.
But a pharmacy and two pharmacists sued, saying the rules infringed on their religious freedom, and the judge agreed.
The state allows all sorts of business exemptions to the rules, he noted. Pharmacies can decline to stock a drug, such as certain painkillers, if it’s likely to increase the risk of theft, or if it requires an inordinate amount of paperwork, or if the drug is temporarily unavailable from suppliers, among other reasons.
"The most compelling evidence that the rules target religious conduct is the fact the rules contain numerous secular exemptions," the judge said. "In sum, the rules exempt pharmacies and pharmacists from stocking and delivering lawfully prescribed drugs for an almost unlimited variety of secular reasons, but fail to provide exemptions for reasons of conscience."
The decision comes as contraception has been debated in political and health care circles around the nation. A controversy erupted this month when religious groups protested a new federal rule that required church-affiliated universities, hospitals and nonprofits to include birth control without co-pays or premiums in their insurance plans.
The outcry prompted President Barack Obama to change the rule to shift the burden from religious organizations to insurance companies. Lawmakers in a few conservative states have taken up the fight with proposals that serve as direct challenges to Obama’s ruling.
Leighton, in his decision Wednesday, did not strike down Washington’s rules, but said simply that the way they were applied to the plaintiffs in this case was unconstitutional.
The state remains free to try to enforce the law against other pharmacies that violate the stocking and dispensing rules, whether for Plan B or other drugs; it remains unclear whether courts would reach a similar conclusion if pharmacies objected to selling other drugs for religious reasons.