WI Appeals Court upholds penalty for pharmacist refusal to dispense birth control
A state appeals court upheld sanctions Tuesday against a pharmacist who refused to dispense birth control pills to a woman and wouldn’t transfer her prescription elsewhere.
The 3rd District Court of Appeals ruled that the punishment the state Pharmacy Examining Board handed down against pharmacist Neil Noesen did not violate his state constitutional rights, specifically his “right of conscience” to religiously oppose birth control . . .
The board reprimanded Noesen and ordered him to attend ethics classes. He was allowed to keep his license as long as he informs all future employers in writing that he won’t dispense birth control pills and outlines steps he will take to make sure a patient has access to medication.
The board also found Noesen liable for the cost of the proceedings against him - about $20,000 - but the appeals court ordered the board to reconsider that decision.
Larry Dupuis, legal director for the American Civil Liberties Union of Wisconsin, which like Planned Parenthood participated in the appeal, said the ruling struck the proper balance between patients’ and pharmacists’ rights . . .
The opinion is here: Noesen v. State of Wisconsin Dept. of Regulation & Licensing, 2006AP1110 (WI Ct. App., March 25, 2008)
Hat tip to Religion Clause blog.