Attorney Hopes Illinois Will Pass Measure Protecting Pro-Life Pharmacists
by Allie Martin and Jenni Parker
March 3, 2006
(AgapePress) - - Pro-family forces are urging concerned Christians in Illinois to encourage their lawmakers to approve a law that would protect the state's pharmacists who, for faith or conscience reasons, refuse to dispense emergency contraceptives. The House bill known as HB 4346 would address a rule change initiated by Illinois Governor Rod Blagojevich that forces pharmacists and pharmacies across the state to dispense "Plan B" emergency contraceptives, also known as the "morning-after pill."
Many individuals object to the dispensation and use of these drugs, which contain high doses of the hormones found in other oral contraceptives, because it is believed that the morning-after pill may sometimes work by preventing the implantation of a fertilized embryo. Some pro-life advocates feel using a drug to prevent implantation is unethical, as it effectively results in the death of the early-stage embryo.
Frank Manion is senior counsel with the American Center for Law & Justice (ACLJ), one the nation's leading public interest law firms specializing in the protection of religious liberties. He says the Center is currently representing four pro-life pharmacists who were fired when they requested that their employer, Walgreens, accommodate their personal beliefs with respect to dispensing emergency contraceptives.
Manion argues that a state law called the Illinois Healthcare Right of Conscience Act makes it unlawful for any employer to discriminate against any individual because of that person's conscientious refusal to participate in any way in providing any form of health care services "contrary to his or her conscience." However, he says Walgreens has been "trying to excuse its callous firing of these four pharmacists" by blaming Governor Blagojevich and "his unlawful executive order."
Speaking of that order, the attorney notes that the ACLJ is also representing the terminated pharmacy workers in lawsuits against the governor and Illinois' Department of Professional Regulation over the recently enacted regulation that forces drug dispensary employees to provide the morning-after pill. Both this matter and the case against Walgreens are pending.
But Manion claims the issues "couldn't be any clearer." He says, "In punishing these pharmacists for asserting a right protected by the Conscience Act, Walgreens broke the law." And he believes Blagojevich also acted contrary to the law by overriding duly enacted legislation provided to protect the rights of pharmacists and other healthcare professionals throughout the state.
The ACLJ's senior counsel says his organization represents people all over the country who find themselves in conflict with employers or with government over their conscientious principles, particularly in the healthcare field. And up until recently, he adds, Illinois law has provided an important policy model.
"We have always relied on or looked to the Illinois [Healthcare] Right of Conscience Act as the best law in the country," Manion says. "But what we've seen here in connection with these pharmacists and the morning-after pill is that all it takes is the stroke of a governor's pen to completely undermine the Healthcare Right of Conscience Act."
The public interest advocate believes this is an issue that affects not only the state of Illinois but the entire United States as well. "If this action of the governor is allowed to stand, no one is safe -- not in Illinois nor anywhere else," he says. "Government and corporate employers can simply tell a pro-life person you can't work for us anymore or you can't hold a license in this state because of your religious beliefs."
That, Manion contends, is why HB 4346 is so important; the legislation would allow pharmacists to refuse to fill prescriptions for the morning-after pill if to do so would violate their religious or personal beliefs. The ACLJ spokesman says the bill needs to attract 60 supporters in the statehouse before its sponsors will bring it up for a vote.
