Preliminary Injunction Granted in Illinois Conscience Case

Pharmacists Score a Win in Long Battle for Their Rights

WASHINGTON, Aug. 25, 2009—On Friday, the circuit court sitting in Springfield, Ill. issued a preliminary injunction in the case of two pharmacy owners, Luke VanderBleek and Glenn Kosirog.  Both men have been fighting to protect their conscience rights.  The American Center for Law and Justice (ACLJ), the nation's top religious civil liberties organization, is representing the pharmacists in the case of Morr-Fitz, Inc. v. Blagojevich.

This is the latest victory in an ongoing effort to protect the fundamental right of pharmacists to practice their profession without having to violate their conscience.

"The Attorney General's Office has repeatedly argued that the Health Care Right of Conscience Act does not apply to the practice of pharmacy-and they have repeatedly failed," said Francis J. Manion, ACLJ senior counsel. "While this is not a final decision on the merits of our lawsuit, the writing is on the wall.  Our clients are entitled to run their pharmacies according to the dictates of their moral and religious beliefs.  This is what the law allows; this is what the court has affirmed."

Serving as co-counsel in the case is Mark Rienzi, a professor of law at Catholic University of America, who argued the motion on Aug. 6.

In the court's decision, Judge John W. Belz ruled that "Plaintiffs have certain and ascertainable rights under state and federal law.  Plaintiffs are suffering irreparable harm in the form of an ongoing chill of their free exercise rights and rights of conscience under federal and state law, as well as unlawful coercion based on their religious and moral beliefs."

The judge went on to find that the plaintiffs "have a likelihood of success on the merits of their claims."

As a result of the injunction, the pharmacists will be permitted to refuse to dispense Plan B and other forms of emergency contraception, if doing so would violate their religious or moral beliefs.

In Menges v. Blagojevich, the ACLJ represented seven individual pharmacists who succeeded in having the state amend the regulation to recognize the conscience rights of individual pharmacists.  In Vandersand v. Walmart and Quayle v. Walgreens, the ACLJ convinced two other courts that Illinois pharmacists are protected by the State's Health Care Right of Conscience Act.

The current case, Morr-Fitz, Inc. v. Blagojevich, seeks to ensure that pro-life pharmacy owners-not just individual pharmacists-receive the legal protection to which they are entitled under state laws as well as the U.S. Constitution.

The injunction will remain in place until a final ruling in the case is issue

Francis J. Manion, senior counsel of the ACLJ

• "The Attorney General's Office has repeatedly argued that the Healthcare Right of Conscience Act does not apply to the practice of pharmacy-and they have repeatedly failed."
• "While this is not a final decision on the merits of our lawsuit, the writing is on the wall.  Our clients are entitled to run their pharmacies according to the dictates of their moral and religious beliefs.  This is what the law allows; this is what the court has affirmed."

About the ACLJ

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.ACLJ.org.  The ACLJ's online newsroom-which includes high-resolution, downloadable graphics, principal bios and ACLJ fact sheets-can be accessed at www.DeMossNews.com/ACLJ.

-30-