Pharmacists' Victory In Illinois Caps Seven-Year Fight for Conscience Rights

On Friday, September 21, 2012, the Illinois Court of Appeals upheld a trial court’s injunction against the State of Illinois that protects the right of pro-life pharmacy owners to refuse to stock and sell the morning-after pill and similar drugs that interfere with the development of human life at its earliest stages. In Morr-Fitz, Inc. et al., v. Pat Quinn, Governor, et al., the court held that the Illinois Health Care Right of Conscience Act “protects plaintiffs’ decisions not to dispense emergency contraceptives due to their conscience beliefs.”

The plaintiffs, Luke Vander Bleek and Glenn Kosirog, owners of three pharmacies between them, have been fighting a state mandate that they stock and sell the “morning-after pill” since 2005. The ACLJ is co-counsel for the pharmacies and their owners, along with Mark Rienzi, Esq. of the Becket Fund.

In April, 2005, then Governor Rod Blagojevich issued an “Emergency Rule” mandating that pharmacies fill prescriptions for drugs, including emergency contraception, “without delay.” The Emergency Rule became a final administrative rule later that year. After the Rule was finalized, Kosirog and Vander Bleek sued the governor and other state officials claiming that the regulation violated their rights under the First Amendment’s Free Exercise Clause, the state’s Religious Freedom Restoration Act, and the state’s Health Care Right of Conscience Act, one of the country’s most comprehensive set of protections for the rights of conscience in the health care arena.
continue at ACLJ

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