ACLJ Hails Victory for Conscience in Illinois

Federal Court Rejects Governor's Bid to Dismiss Pharmacists' Case Over Morning-After Pill Mandate

WASHINGTON, Sept. 7, 2006—The American Center for Law and Justice (ACLJ) today hailed as "a significant victory for the right of conscience" a decision of the U.S. District Court in Springfield, Ill., denying Illinois Governor Rod Blagojevich's motion to dismiss a lawsuit brought by seven pharmacists challenging that state's year-old morning-after pill mandate. ACLJ represents seven Illinois pharmacists who contend that the mandate or rule violates their right of Free Exercise of Religion protected by the First Amendment by requiring them to dispense drugs that they believe act to terminate a human life. The pharmacists also argue that the state's rule conflicts with the religious discrimination protections contained in Title VII, the Civil Rights Act of 1964. Five of the seven pharmacists have lost their jobs as a result of the conflict set in motion by last year's mandate.
 
In a 28-page opinion, issued on Sept. 6, denying the governor's motion to dismiss the case, Judge Jeanne E. Scott said that the pharmacists' allegations, if proven at trial, "may establish that the object of the Rule [morning-after pill mandate] is to target pharmacists, such as the Plaintiffs, who have religious objections to Emergency Contraceptives, for the purpose of forcing them either to compromise their religious beliefs or to leave the practice of pharmacy. Such an object is not religiously neutral."
 
The pharmacists' suit was brought last year to challenge a rule issued in April 2005 by Blagojevich as an emergency regulation and made permanent in August 2005. Since that time, at least three Illinois pharmacy owners have had charges filed against them by the State of Illinois for allegedly violating the regulation. At least five individual pharmacists have been fired or suspended by their employers for asserting their right to refuse to dispense the drugs on religious and moral grounds.
 
"Today's ruling is an important recognition of the right of conscience," said Francis J.  Manion, senior counsel for the ACLJ and lead attorney in the suit. "The Court has recognized that the State may not target religious objectors for disparate treatment. Our clients have never sought to prevent anyone from gaining access to these drugs. They simply want the State to respect their right to refrain from participating in activity that violates their sincerely held beliefs."
 
At the crux of the legal battle is the question of whether the Emergency Contraceptives Rule, which took effect on Aug. 25, 2005, violates the Free Exercise clause of the First Amendment of the U.S. Constitution. Also at issue is whether the Rule violates Title VII of the Civil Rights Act of 1964.  Title VII prevents employment discrimination based on religion. The seven pharmacists are alleging that the Rule requires or permits employers to engage in religious discrimination and is therefore invalid under Title VII.
 
In yesterday's opinion, Scott appeared to invite the State to amend the existing rule "to clarify its object and application . . . in a manner that would be consistent with individual constitutional rights." ACLJ's Manion welcomed this invitation, saying, "This is something we have been suggesting from the start. There is no good reason why both sides of this controversial issue cannot be accommodated if the State is willing to recognize and respect the interests of all of its citizens - including objecting pharmacists. Telling our clients, as the governor has repeatedly done, that they should ‘find another profession' is not the way to show respect for their rights."
 
The ACLJ is committed to defending the rights of health care professionals to practice their professions in a manner consistent with their religious, moral, and ethical beliefs. The organization has been involved in litigation protecting the rights of conscience for over a decade. The ACLJ is being assisted in this case by the firm of LaBarre, Young & Behnke of Springfield, Ill., which is acting as co-counsel.
 
The American Center for Law and Justice (ACLJ) is the nation's leading national public interest law firm defending religious liberty.  Led by Chief Counsel Jay Sekulow, the ACLJ specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org. 

-30-