A judge ruled on Wednesday that a Washington law requiring all pharmacists to dispense Plan B contraceptives violated the rights of those who chose not to on religious grounds.

In a decision that could have impacts on a controversial bill currently before the Legislature, a federal judge on Wednesday declared that Washington state cannot require pharmacists to dispense “morning after” contraceptives in violation of their religious beliefs.

Tacoma-based U.S. District Judge Ronald B. Leighton said the state regulation was unconstitutional because pharmacists have a right to “conscientious objection.”

In addition to the case in question, the ruling could affect the outcome of a bill working its way through both houses of the Legislature that would require all health insurance policies in Washington to cover abortion procedures.

Currently, every insurance company offers policies that do cover abortions, but not every individual policy does so because many employers have philosophical objections to abortion.

On the national level, the ruling comes just as the Obama administration is feeling a backlash after imposing federal regulations that would force all health insurance providers — even religious organizations — to provide their employees with free birth control.

Interpreted broadly, a “conscience clause” could even be applied to the state’s newly approved gay marriage bill.

Opponents of the measure tried unsuccessfully to attach an amendment that would have allowed private business owners like florists and caterers to refuse service to same-sex weddings without fear of a discrimination lawsuit.

A court ruling stating that requiring service is a violation of First Amendment religious freedom protections could give opponents grounds to challenge the constitutionality of the new law.

Gov. Christine Gregoire, who supported the pharmacy mandate in an effort to ensure women’s access to contraception, declined to comment on Wednesday’s court ruling.

The Washington State Pharmacy Board, likewise, said it would have no statement until officials had studied the verdict.

“We’re reading through the judge’s decision,”said Joyce Roper, senior assistant Washington state attorney general. “We will be talking with our clients and then make a decision about what our next step will be.”

The clients are the pharmacy board and the state Department of Health.

The lawsuit was brought in 2007 by the owner of Thurston County-based Storman’s, Inc., and two of its  pharmacists, all of whom shared the religious conviction that emergency contraceptives — popularly known as “Plan B” pills” — are the practical equivalent of abortion.

“I’m just thrilled that the court ruled to protect our constitutional right of conscience,” said pharmacist Margo Thelen, in a statement issued by the Becket Fund for Religious Liberty. which represented the plaintiffs in the lawsuit.

Leighton said Washington allows pharmacies owners to decide what medications it chooses to carry for a variety of “secular reasons,” including cost and convenience.

By the same reasoning, he concluded, they can decline to stock contraceptives on constitutionally protected religious freedom grounds.

“A pharmacy is permitted to refuse to stock oxycodone because it fears robbery, but the same pharmacy cannot refuse to stock Plan B because it objects on religious grounds,” the judge wrote. “Why are these reasons treated differently under the rules?”

The judge also said the state was arbitrary in how it enforced the requirement, since it hadn’t cracked down on regulators Catholic-affiliated pharmacies.

Six states currently allow pharmacists to refuse to dispense contraceptives, and several others protect conscientious objectors.

The entire decision can be read here.

This entry was posted on February 23, 2012 at 2:06 am and is filed under Law, Politics. You can follow any responses to this entry through the RSS 2.0 feed.