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RCRC Challenges Ralph's Thriftway Claim That Pharmacists' Religious Freedom Is Violated

Washington State regulations that require pharmacies to dispense birth control, emergency contraception and all other medications in accordance with physician prescriptions uphold the right to religious freedom of both pharmacists and patients, the Religious Coalition for Reproductive Choice has told a federal appeals court. The case involves a suit filed by Ralph's Thriftway and others to reverse regulations requiring all pharmacies to maintain plans and procedures that enable patients to obtain health care and medication in accordance with the patient's needs and individual beliefs even when a pharmacy employee has divergent views.

The Religious Coalition for Reproductive Choice filed its friend-of-the-court brief March 11, 2008, in the groundbreaking Stormans, Inc. v. Selecky case in conjunction with Protestant, Catholic, Jewish, interfaith and secular organizations and individual religious leaders. The case is believed to be the first to challenge the contention that pharmacists have a right to refuse to fill prescriptions based on personal religious views. The Seattle firm of Perkins Coie LLP submitted the brief on behalf of RCRC and the endorsing organizations and individuals. Read the text of the brief.

The Washington State Board of Pharmacy adopted the regulations after several pharmacists in Washington and other states refused to fill prescriptions for birth control pills, emergency contraception and other medications. In its brief, RCRC notes that the state’s pharmacy regulations accommodate pharmacists’ personal religious beliefs to the greatest extent possible while still protecting patients’ individual beliefs and timely access to health care. A pharmacist can, for example, pass a prescription along to a colleague at the same store.

Pointing out the diversity of religious views about health care, RCRC notes that the pharmacists who object to filling certain prescriptions demand protection of their religious convictions but do not seek “the same protection for the convictions of other members of the population, most notably patients.” The brief also states:

“The tremendous disparity in beliefs regarding health care also supports government regulation that accommodates all religious and personal views and practices to the greatest extent possible while preventing harm to others.”

Organizations and individual religious leaders (in their individual capacity) endorsing the brief are:

• Americans for Religious Liberty
• Catholics for Choice
• Disciples for Choice
• Disciples Justice Action Network
• Episcopal Women's Caucus
• Faith Trust Institute
• Hadassah, the Women's Zionist Organiation of America
• Justice and Witness Ministries, United Church of Christ
• Methodist Federation for Social Action
• Multifaith Works
• National Council of Jewish Women
• National Council of Jewish Women - Seattle Section
• Religious Coalition for Equality
• Religious Coalition for Reproductive Choice
• Religious Institute on Sexuality Morality, Justice and Healing
• The Planned Parenthood Federation of America Clergy Advisory Board
• Unitarian Universalist Women's Federation
• Washington Coalition of Rabbis
• Women of Reform Judaism

Individual religious leaders (organizational affiliation for identification purposes only)

• Reverend Shannon Anderson, pastor, Central Lutheran Church, Seattle, Washington
• Reverend Clare Austen, senior minister, Unity Church of Truth (Unity Church), Spokane, Washington
• Reverend Tor Kristian Berg, pastor, Trinity Lutheran Church (Evangelical Lutheran Church in America), Pullman, Washington
• Reverend Ignacio Castuera, national chaplain, Planned Parenthood Federation of America
• Reverend Mike Denton, minister, Pacific Northwest Conference, United Church of Christ
• Rabbi Ted Falcon, Bet Alef Meditative Synagogue, Seattle, Washington
• Rabbi Allison Flash, Temple Beth Am, Seattle, Washington
• Reverend Catherine Fransson, pastor, Seattle First Baptist Church, American Baptist Churches USA
• Rabbi Hillel Gamoran, retired rabbi, Beth Tikvah Congregation, Hoffman Estates, Illinois
• Reverend Terry B. Hall, ordained elder and congregational pastor, Wesley United Methodist Church, Yakima, Washington
• Reverend Ernest Harrelson, rector, St. Michael's Episcopal Church, Yakima, Washington
• Rabbi Joshua Hearshen, Herzl-Ner Tamid Conservative Congregation, Mercer Island, Washington
• Reverend Dr. David Helseth, Englewood Christian Church (Disciples of Christ, Christian Church), Yakima, Washington
• Rabbi Bruce Kadden, Temple Beth El (Reform Jewish), Tacoma, Washington
• Reverend Vincent Lachina (Southern Baptist Convention), chaplain, Planned Parenthood Public Policy Network of Washington, Seattle
• Rabbi Anson Laytner, Seattle, Washington
• Rabbi James Mirel, senior rabbi, Temple B'Nail Torah (Reform Jewish), Bellevue, Washington
• Reverend Scott Opsahl, lead pastor, First Congregational Church, Bellingham, Washington
• Minister Jamal Rahman, Muslim (Sufi), co-minister, Interfaith Community Church, Seattle
• Reverend Mary Robinson-Mohr, pastor/head of staff, St. James Presbyterian Church (Presbyterian Church USA), Bellingham, Washington
• Reverend Cheryl Rohret, minister, Unity Spiritual Life Center, Yakima, Washington
• Reverend Gary Shoemaker, First Christian Church (Disciples of Christ, Christian Church), Bellingham, Washington
• Rabbi Jonathan Singer, Temple Beth Am, Seattle, Washington
• Reverend Homer Todd, retired minister, United Methodist Church, Spokane, Washington
• Reverend Phyllis Todd, retired minister, United Methodist Church, Spokane, Washington

March 24, 2008