Illinois: Victory for Pro-life Pharmacy Owners | American Center for Law and Justice
  Search  |  Login  |  Register

By Jay Sekulow1307561638000

It's a case that has been ongoing for six years.  And, today, a sweeping victory for pro-life pharmacy owners in Illinois.

A state court in Illinois today issued a decision striking down a state law that compels pharmacy owners to dispense Plan B and other forms of emergency contraception, even if doing so violates their religious or moral beliefs.

In August 2009, a state judge granted our request for a preliminary injunction in the case of two pharmacy owners, Luke VanderBleek and Glenn Kosirog in the case of  Morr-Fitz, Inc. v. Blagojevich.

The case went to trial in March 2010 and a decision today by Judge John W. Belz of the circuit court sitting in Springfield declared that the state law violates the state's Health Care Right of Conscience Act, the Illinois Religious Freedom Restoration Act (RFRA), and the Free Exercise of Religion Clause of the First Amendment of the U.S. Constitution.  The decision is posted here.

Senior Councel Francis J. Manion has been working on this case for years and puts this decision into perspective:

"Today's decision is a major victory for the rights of conscience.  After six long years of litigation, our clients have finally prevailed against a state government determined to coerce them and all pro-life pharmacists into violating their deeply held religious beliefs or give up their livelihoods.  Judge Belz's decision makes clear that both Illinois state law and the First Amendment will not permit this. This country was founded by people with a strong commitment to religious freedom. That's why freedom of religion is the first freedom protected in the Bill of Rights. For government at any level to try to run roughshod over that freedom is to abdicate the government's primary responsibility."

We were assisted in this case by Mark Rienzi of Catholic University's Columbus School of Law, who served as co-counsel.

In his ruling, Judge Belz noted that "The government asserts that this Rule serves a compelling interest in timely access to drugs. Yet the government concedes that it had never done anything to advance its asserted interest prior to April 2010. Even as to emergency contraception, the Court heard no evidence of a single person who ever was unable to obtain emergency contraception because of a religious objection."

This is the latest victory in an ongoing effort to protect the fundamental right of pharmacists to practice their profession without having to violate their conscience.

In Menges v. Blagojevich, we represented seven individual pharmacists who succeeded in having the state amend the regulation to recognize the conscience rights of individual pharmacists.  In Vandersand v. Walmart and Quayle v. Walgreens, the ACLJ convinced two other courts that Illinois pharmacists are protected by the State's Health Care Right of Conscience Act.

We'll let you know if the state decides to appeal today's decision.

Latest in
Pro Life

What Does It Really Mean to Be Pro-Life?

By Palmer Williams1471444692771

Over the past four decades, since abortion was legalized in Roe v. Wade , the term “pro-life” has been distorted and discredited. We are told that if we are pro-life we don't care about babies outside the womb, even as we care for men, women, and children through non-profits, ministries, and...

read more

How Abortion Affects Real Women

By Palmer Williams1470689715243

As women, the abortion industry tells us that they empower us . They tell us that as women we can only attain success and happiness if we have full access to abortions with no restrictions. They tell us that abortion doesn’t hurt, it isn’t dangerous, and it will solve all of our problems. They tell...

read more

Abortion: Empowerment or Exploitation?

By Nicole Smith1470411839881

“I am woman, hear me roar!” The mantra of the western feminist elite is representative of an idea that has led to the end of tens of millions of lives in the United States and countless more around the globe. Though this slogan was intended to be a rallying call for female empowerment, it has...

read more

Four Things About the Hyde Amendment

By Palmer Williams1470407506328

Since 1980, a small line item in the annual Health and Human Services appropriations bill has passed with little fanfare. Yet in recent months, the so-called Hyde Amendment – which bans federal tax dollars from paying for abortions – has made headlines and received significant attention as Planned...

read more