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 >>
US Supreme Court allows extreme Washington state pharmacy policy to stand
“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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ABOUT Kristen Waggoner
Kristen Waggoner is the CEO, president, and general counsel of Alliance Defending Freedom: the world’s largest legal organization advancing every person’s God-given right to live and speak the truth. With more than 450 team members in 10 offices worldwide, ADF is at the forefront of today’s most consequential battles in law, public policy, and culture. Under Waggoner’s leadership—first as head of U.S. litigation and now as CEO—ADF has played a role in 80 U.S. Supreme Court victories and won 15 of its own cases before the court, including serving as legal counsel with Mississippi in the landmark Dobbs ruling overturning Roe v. Wade. Waggoner personally argued several of ADF’s Supreme Court cases including the well-known Masterpiece Cakeshop and 303 Creative cases, winning major victories for free expression. She has the honor of leading ADF International, which, like its U.S. counterpart, defends religious liberty, free speech, parental rights, human life, and biological reality around the world. After law school, Waggoner clerked at the Washington Supreme Court and spent over 15 years at a Seattle law firm before joining ADF.