Whether pharmacists must dispense controversial prescriptions goes before the Ninth Circuit Court of Appeals on Thursday. The case pits patients’ access to medication against healthcare providers’ religious beliefs.
In 2007, pharmacy owner Kevin Stormans and two pharmacists sued Washington state. The Washington Pharmacy Board had just adopted rules to insure that patients had access to prescriptions in a timely manner.
Stormans and the pharmacists objected to the new policies for religious reasons. They told a federal district court it would force them to carry Plan B, an emergency contraception pill taken to prevent pregnancy from occurring. The judge agreed, saying the rules violated their religious freedom and blocked them from being enforced.
The state appealed, and in 2009, the Ninth Circuit Court of Appeals reversed the judge’s ruling.
Stewart Jay, a professor of constitutional law at the University of Washington, said the court found that policy didn’t target religion.
“The law was neutral on its face; it didn’t mention religion at all,” Jay said. “That should’ve been the end of the matter.”
The case was sent back to a lower federal court. In 2012, the judge again ruled the state’s policies discriminate based on religion.
Washington state is appealing once more. It will argue that the rules comply with the First Amendment while balancing patients’ rights.
That’s the heart of the issue, Jay said.
“Do you want to have a system in which you have a provider for whatever moral or religious reason that they come up with, they don’t want to serve you?” he said. “We rejected that, I think, as a society. That leads to all kinds of issues of discrimination.”
Oral arguments will be held Thursday afternoon in Portland, Oregon.