Now They Argue Its Religion

I received word from ACLJ Senior Counsel Frank Manion regarding an update on the conscience clause cases that we are litigating throughout the United States.  Two weeks ago, we received an incredible court opinion in our favor saying that Illinois health professionals were protected by a state statute.  This statute protects medical professionals so that they cannot be forced to participate in abortion-related procedures.  The district court concluded that our clients were not only covered by the statute, but that the statute was, in fact, constitutional and binding. 

Now the defendant pharmacies are taking a new approach.  Frank has informed me that the defendants will now argue that allowing the medical professionals to not participate in abortion-related procedures violates the Establishment Clause.  In other words, the defendants assert that if a pharmacist is exempt from filling a prescription for the morning-after pill or some other abortifacient, then their religion will be favored, which would, in turn, violate the Constitution.  This is a distorted and confused application of the Establishment Clause.  The idea that the defendant pharmacies would be establishing a religion if they simply comply with a state statute protecting pharmacists right to conscience is absurd.  We have notified the Department of Justice as to this particular new development in these cases.  

After our victory two weeks ago, it became clear to me that those who are opposed to protecting these medical professionals would change strategies.  Clearly, they have.  We believe this new strategy is as flawed as their previous one and, ultimately, we will prevail in court.  This now requires additional discovery and further litigation and development.  We will keep you posted as these cases progress.