A requirement that pharmacists dispense emergency contraception like Plan B violates the First Amendment, Illinois’ Religious Freedom Restoration Act, and the state’s “Health Care Right of Conscience Act”, according to a trial court’s ruling yesterday. The State-Journal Register reports :
The rule first was put in place by former Gov. Rod Blagojevich after state officials received complaints that pharmacists were refusing to fill prescriptions for emergency contraception, commonly sold under the brand name “Plan B.”
Belz wrote in his ruling that the state Right of Conscience Act “was designed to forbid the government from doing what it aims to do here: coercing individuals or entities to provide healthcare services that violate their beliefs.”
The state argues that access to emergency contraception is a compelling state interest, and plans to appeal this decision.