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Stormans v. Wiesman

Description:  For four generations, Kevin Stormans’ family has owned Ralph’s Thriftway, a store located in Washington state. Regulations passed by the Washington State Pharmacy Board in mid-2007 mandated that pharmacies like Ralph’s Thriftway must stock and dispense the “morning-after” pill if requested by a patient. Stormans chose not to stock the product in his pharmacy after reading research demonstrating that the pill can prevent the implantation of a human embryo, an early-stage abortion procedure which Stormans opposes on religious, moral, and ethical grounds. Stormans, Inc., and two pharmacists, Margo Thelen and Rhonda Mesler, who work elsewhere, are challenging the regulations in federal court.  Read more >>

 

Tuesday, Jun 28, 2016
The following quote may be attributed to Alliance Defending Freedom Senior Counsel Kristen Waggoner regarding the U.S. Supreme Court’s decision Tuesday not to take up Stormans v. Wiesman, a case involving Washington state rules that force pharmacy owners and pharmacists to sell morning-after and week-after abortion pills contrary to their religious beliefs instead of allowing them to refer customers to nearby pharmacies:

“All Americans should be free to peacefully live and work consistent with their faith without fear of unjust punishment, and no one should be forced to participate in the taking of human life. We had hoped that the U.S. Supreme Court would take this opportunity to reaffirm these long-held principles. The state of Washington allows pharmacists to refer customers for just about any reason—except reasons of conscience. Singling out people of faith and denying them the same freedom to refer is a violation of federal law. All 49 other states allow conscience-based referrals, which are fully supported by the American Pharmacists Association, the Washington Pharmacy Association, and 36 other pharmacy associations. Not one customer in Washington has been denied timely access to any drug due to a religious objection. As the trial court found, the government designed its law for the ‘primary—if not sole—purpose’ of targeting religious health care providers. We are disappointed that the high court didn’t take this case and uphold the trial court’s finding.”

Justice Samuel Alito, joined by Chief Justice John Roberts and Justice Clarence Thomas, dissented from the denial and would have agreed to hear the case. Excerpt from the dissent:

“This case is an ominous sign. At issue are Washington State regulations that are likely to make a pharmacist unemployable if he or she objects on religious grounds to dispensing certain prescription medications. There are strong reasons to doubt whether the regulations were adopted for—or that they actually serve—any legitimate purpose. And there is much evidence that the impetus for the adoption of the regulations was hostility to pharmacists whose religious beliefs regarding abortion and contraception are out of step with prevailing opinion in the State. Yet the Ninth Circuit held that the regulations do not violate the First Amendment, and this Court does not deem the case worthy of our time. If this is a sign of how religious liberty claims will be treated in the years ahead, those who value religious freedom have cause for great concern. The Stormans family owns Ralph’s Thriftway, a local grocery store and pharmacy in Olympia, Washington. Devout Christians, the Stormans seek to run their business in accordance with their religious beliefs…. Ralph’s has raised more than ‘slight suspicion’ that the rules challenged here reflect antipathy toward religious beliefs that do not accord with the views of those holding the levers of government power. I would grant certiorari to ensure that Washington’s novel and concededly unnecessary burden on religious objectors does not trample on fundamental rights.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Previous News Releases


Legal Documents

Petitioners' reply brief: Stormans v. Wiesman
Dissent from denial: Stormans v. Wiesman
Petition for writ of certiorari: Stormans v. Wiesman
Stipulation: : Stormans v. Selecky
Stay order: Stormans v. Selecky
Permanent injunction: Stormans v. Selecky
District court opinion: Stormans v. Selecky
9th Circuit deferral order: Stormans v. Selecky
9th Circuit opinion: Stormans v. Wiesman

Related Resources

ABOUT Kristen Waggoner

As the CEO, president, and general counsel of Alliance Defending Freedom, Kristen Waggoner leads the faith-based legal organization in protecting fundamental freedoms and promoting the inherent dignity of all people throughout the U.S. and around the world. Waggoner oversees the efforts of more than 400 ADF team members in seven global offices as well as 4,500 network attorneys engaged in litigation, legislation, training, funding, and public advocacy. ADF also provides legal counsel to over 3,500 churches and ministries through its Ministry Alliance program and defends the persecuted church in dozens of countries. Since 2011, ADF has won 14 cases at the U.S. Supreme Court, including serving on Mississippi’s legal team in the case that overturned Roe v. Wade. Waggoner successfully argued two of those cases, Masterpiece Cakeshop v. Colorado Civil Rights Commission and Uzuebgunam v. Presczewski and will argue her third case before the Supreme Court in the fall of 2022. She is a Peer Review Rated AV® Preeminent™ attorney in Martindale-Hubbell, who clerked for Justice Richard B. Sanders of the Washington Supreme Court after law school and served in private practice in Seattle for nearly 20 years.