TACOMA, Wash. - U.S. District Court Judge Ronald Leighton left no room for doubt in a 48-page ruling issued Wednesday, a ruling he read into the record for nearly an hour and a half.
For a second time he has decided Washington State's rules requiring pharmacies to stock and sell "Plan B" and other so-called "morning after" contraceptives, even if store owners or pharmacists believe selling those products violates their religious beliefs, are unconstitutional.
Judge Leighton repeatedly stated that the rules are not "neutral," that they were written in a way that specifically targets religious objectors.
An immediate injunction was put in place so the pharmacies can't be forced to sell any kind of drugs that individual pharmacists or pharmacies believe go against their religious beliefs.
Opponents say they will almost certainly appeal.
"We will likely file pleadings, paperwork with the 9th circuit (Federal Court of Appeals) within the next year and get a decision 18 months to 2 years from now," said attorney Andrew Greene with the Perkins Coie law firm.
The owners of Ralph's Thriftway Pharmacy in Olympia, who sued the State over the rules of the Pharmacy Board in 2007, say the ruling is a relief. They also don't expect this to be the final word, but it is still a big win.
"We were forced into this battle, forced with having to violate our religious beliefs or close our pharmacy," said Co-Owner Kevin Stormans, "And neither one was a good option for us."
"We respectfully and firmly disagree with the court’s decision," said Lisa Stone, Executive Director of Legal Voice in a statement released Wednesday afternoon.
The women's rights group has helped the State and Planned Parenthood in court from the beginning of the case. In an interview last night Stone expressed frustration dismay that in 2012, reproductive rights and women's access to contraceptives had become such a big issue.
"Almost every woman uses contraception at some point in her life. How did that become a political football?" said Stone. "My health care is MINE! That's what the pronoun means. And your beliefs or a pharmacists beliefs, does not enter into my health care."
Attorneys for Ralphs and several other stores exchanged hugs and smiles and were clearly delighted with the lengthy and emphatic decision.
"Religious liberty and the right of conscience was at stake in this case, and it's a right that all Americans want to have preserved and should have preserved. Thats why it's our first freedom," said Attorney Kristen Waggoner.
Gov. Chris Gregoire issued a statement in response to ruling, saying ... "I remain concerned about the impacts on patients if pharmacies are allowed to refuse to dispense lawfully prescribed or lawful medications to patients. I am especially concerned about those living in rural areas, many of whom may have few alternatives and could suffer lengthy delays in receiving medication or go without entirely."
"My position in the matter has been clear from the start, and that is that patients should be provided with lawful and lawfully prescribed medications. Secretary of Health Mary Selecky, the Attorney General's Office and I will confer regarding the best path forward to ensure patients have access to medications, especially those that are time sensitive. There are strong arguments to make on appeal from this lower court decision."
Those who support the dispensing of Plan B say it is a high dose of the ingredients of a birth-control pill that greatly reduces the chance of pregnancy if taken by a woman within 72 hours of unprotected sex. The Food and Drug Administration in 2009 ordered that it be available over the counter for teens as young as 17, but with prescriptions for those who are younger.
The FDA also says the medication does not affect existing pregnancies, unlike the RU-486 drug, but it has said the medication might act to prevent a fertilized egg from implanting in the womb.
Archives
Dec 3, 2011- Trial over Plan B prescriptions begin Monday
Dec 16, 2010 - Wash Pharmacy Board won't change Plan B refusal rule
Sep 17, 2010 - Wash. Pharmacy Board taking second look at morning after pill rules
Sep 13, 2010 - Controversy over 'morning after pill' heats up in Wash. state
July 14, 2010 - Wash. pharmacy board making new rules for 'morning after' pill
Aug. 15, 2009 - Judges strike broad ban on Wash. Plan B rules










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