Ruling: Washington can require pharmacies to dispense Plan B

SEATTLE — Washington state can force pharmacies to dispense Plan B or other emergency contraceptives, a federal appeals court said Thursday in a long-running lawsuit brought by pharmacists who said they have religious objections to providing the drugs.

The unanimous decision Thursday by the three-judge panel of the 9th U.S. Circuit Court of Appeals overturned a 2012 ruling by U.S. District Court Judge Ronald B. Leighton, who had found that the state’s rules violated the religious freedom of pharmacy owners. It was the second time the appeals court reversed Leighton in the case.

“This unanimous decision is a major victory for the people of Washington,” Attorney General Bob Ferguson said in a prepared statement. “Decisions regarding medical care — including reproductive rights — are appropriately between a patient and his or her medical professionals.”

Washington adopted rules in 2007 following reports that some women had been denied access to Plan B, which has a high dose of medicine found in birth-control pills and is effective if a woman takes it within a few days of unprotected sex. The rules said pharmacies must fulfill lawful prescriptions, but allowed individual pharmacists to refer patients to another pharmacist at the store if they have moral objections to fulfilling certain prescriptions.

A Ralph’s Thriftway pharmacy in Olympia and two pharmacists sued, saying the rules required them to violate their religious beliefs, because the drugs can prevent implantation of a fertilized egg, which they consider tantamount to abortion. They argued that they should be allowed to refer patients to a nearby drug store rather than fulfill the prescription themselves.

But the appeals judges — Susan P. Graber, Richard R. Clifton Mary H. Murguia — said that wasn’t good enough.

“Speed is particularly important considering the time-sensitive nature of emergency contraception and of many other medications,” Graber wrote for the panel Thursday. “The time taken to travel to another pharmacy, especially in rural areas where pharmacies are sparse, may reduce the efficacy of those drugs. Additionally, testimony at trial demonstrated how facilitated referrals could lead to feelings of shame in the patient that could dissuade her from obtaining emergency contraception altogether.”

Several groups intervened in the case, including women who said they were denied timely access to Plan B when they needed it — one cut short a vacation to return home to Bellingham, where she knew she could obtain Plan B from her regular pharmacy. They also included HIV patients, who argued that if druggists could refuse to dispense Plan B for religious reasons, some might also refuse to dispense time-sensitive HIV medications.

State officials agreed not to act on any complaints against the plaintiffs during the litigation, and to check with the judge before pursuing complaints against other pharmacies. Health Department spokesman Donn Moyer said Thursday it was not immediately known if the agency had received any recent complaints about women being denied access.

In his initial ruling, Leighton said the rules infringed on the pharmacists’ religious freedom and issued an order blocking them, but in 2009 the appeals court reversed that decision. After holding an 11-day trial, Leighton in 2012 basically reaffirmed his original reasoning.

But the appeals court found that the rules were neutral, rather than targeted at suppressing the religious objections of the pharmacists.

“The state of Washington has a clear interest in making sure women can get emergency contraception in a timely and safe manner,” said Alex J. Luchenitser, associate legal director of Americans United for Separation of Church and State, in a prepared statement. “A pharmacy owner’s personal religious beliefs shouldn’t be permitted to undermine that access.”

The Washington, D.C.-based Beckett Fund for Religious Liberty, which joined in the representation of the plaintiffs, called the decision unfortunate.

“The government has no business punishing citizens solely because of their religious beliefs,” the group’s deputy general counsel, Luke Goodrich, said in a news release. “The pharmacists in this case willingly refer patients to over 30 pharmacies that stock the morning-after pill within a 5 mile radius, and no patient has ever been denied timely access to any drug.”

Talk to us

More in Local News

Cars move across Edgewater Bridge toward Everett on Tuesday, Sept. 26, 2023, in Washington. (Olivia Vanni / The Herald)
Edgewater Bridge redo linking Everett, Mukilteo delayed until mid-2024

The project, now with an estimated cost of $27 million, will detour West Mukilteo Boulevard foot and car traffic for a year.

Lynn Deeken, the Dean of Arts, Learning Resources & Pathways at EvCC, addresses a large gathering during the ribbon cutting ceremony of the new Cascade Learning Center on Thursday, Sept. 28, 2023, at Everett Community College in Everett, Washington. (Ryan Berry / The Herald)
New EvCC learning resource center opens to students, public

Planners of the Everett Community College building hope it will encourage students to use on-campus tutoring resources.

Everett Police Chief Dan Templeman announces his retirement after 31 years of service at the Everett City Council meeting on Wednesday, Sept. 27, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett police chief to retire at the end of October

Chief Dan Templeman announced his retirement at Wednesday’s City Council meeting. He has been chief for nine years.

Boeing employees watch the KC-46 Pegasus delivery event  from the air stairs at Boeing on Thursday, Jan. 24, 2019 in Everett, Wa. (Andy Bronson / The Herald)
Boeing’s iconic Everett factory tour to resume in October

After a three-year hiatus, tours of the Boeing Company’s enormous jet assembly plant are back at Paine Field.

A memorial for a 15-year-old shot and killed last week is set up at a bus stop along Harrison Road on Wednesday, Sept. 13, 2023, in Everett, Washington. (Ryan Berry / The Herald)
Teen boy identified in fatal shooting at Everett bus stop

Bryan Tamayo-Franco, 15, was shot at a Hardeson Road bus stop earlier this month. Police arrested two suspects.

Lynnwood
Fatal 2-car crash closes Highway 99 in Lynnwood

Police closed off Highway 99 between 188th Street SW and 196th Street SW while they investigated.

Mike Bredstrand, who is trying to get back his job with Lake Stevens Public Works, stands in front of the department’s building on Wednesday, Sept. 27, 2023, in Lake Stevens, Washington. Bredstrand believes his firing in July was an unwarranted act of revenge by the city. (Ryan Berry / The Herald)
Lake Stevens worker was fired after getting court order against boss

The city has reportedly spent nearly $60,000 on attorney and arbitration fees related to Mike Bredstrand, who wants his job back.

Chap Grubb, founder and CEO of second-hand outdoor gear store Rerouted, stands inside his new storefront on Thursday, Sept. 21, 2023, in Gold Bar, Washington. Rerouted began as an entirely online shop that connected buyers and sellers of used gear.  (Ryan Berry / The Herald)
Used outdoor gear shop Rerouted finds a niche in Gold Bar

Seeking to keep good outdoor gear out of landfills, an online reselling business has put down roots in Gold Bar.

Naval Station Everett. (Chuck Taylor / Herald file)
Everett man sentenced to 6 years for cyberstalking ex-wife

Christopher Crawford, 42, was found guilty of sending intimate photos of his ex-wife to adult websites and to colleagues in the Navy.

Most Read