SCOTUS up angle1Written by Don Byrd

An article in today’s USNews profiles the ongoing dispute over regulations in Washington State requiring pharmacists to dispense medications like emergency contraception even if they have a religious objection. Plaintiffs, in a challenge to the law on religious freedom grounds, argue they should be allowed to refer customers to other willing pharmacies nearby rather than violate their conscience.

Most recently, the 9th Circuit Court of Appeals ruled in favor of the state, denying the plaintiffs an injunction. That decision is expected to be appealed to the U.S. Supreme Court soon. 

Here’s more from the USNews report, featuring perspective from law professor and religion law expert Douglas Laycock:

“If a particular pharmacy is locally a monopolist – the only one for 30 miles – then there is something to [the state’s] argument,” Laycock says. “But for the bulk of Americans that isn’t true. It’s a version of, ‘We have all the rights and the other side has no rights.'”

Laycock says both sides in the religious freedom debate tend to take an “all or nothing” approach, and that the mutual vitriol between Planned Parenthood and some religious Americans doesn’t help.

“Both sides in the culture wars want to have everything they want with no inconvenience,” he says. “The only way we can have the rights of all Americans protected is to seriously consider the objections of both sides.

“Each side thinks the other’s concerns count for zero. They both have to count.”

Assuming it is appealed to the Supreme Court, they will likely decide sometime early next year whether to take the case.