On Wednesday, an Illinois federal district court held that a number of pharmacists as well as Walgreens (the former employer of five of them) can proceed with their declaratory judgment actions against the state of Illinois challenging a rule promulgated by the Illinois Department of Financial and Professional Regulation that requires pharmacies to dispense emergency contraceptives when presented with a prescription for them. Illinois takes the position that the rule applies to every pharmacist, even if filling the prescription would violate his or her moral or religious beliefs. This led Walgreens to change its former policy that had permitted individual pharmacists who had religious objections to refer the prescription on to another pharmacist at the same store or one close by. (See prior posting.)
In Menges v. Blagojevich, 2006 U.S. Dist. LEXIS 63671 (CD IL, Sept. 6, 2006), the court held that plaintiffs alleged sufficient facts to possibly show that Illinois' rule is not a neutral rule of general applicability. The court held that the case should move to trial. Plaintiffs claim that the Illinois rule was targeted at pharmacists to force them to either surrender their religious beliefs or else leave the practice of pharmacy, and thus the rule is subject to strict scrutiny review by the court. The court held that plaintiffs’ pleadings also adequately raise the issue of whether the Illinois rule was inconsistent with Title VII of the federal 1964 Civil Rights Act. The court however dismissed Walgreens request for a declaratory judgment that its prior pharmacist referral policy complies with Title VII and the Illinois pharmacy rules.
The Associated Press yesterday discussed the decision, as did Blog from the Capital.
