Jury Sides With Pharmacist Who Refused to Dispense Morning After Pill

A Minnesota jury has decided that a pharmacist who refused to give a female patient emergency contraception did not violate the state’s Human Rights Act, which prohibits discrimination based on sex, pregnancy, or childbirth.

The case originated from an event in January 2019, when Andrea Anderson went to the Thrifty White pharmacy with a prescription for the Ella morning-after pill. The male pharmacist on duty had religious objections to dispensing the pill and told Ms Anderson that he would not fill the prescription due to his beliefs.

The pharmacist did tell her that another pharmacy employee would be working the next day, but he could not guarantee that this pharmacist would fill the prescription, or whether the pharmacist would even be able to make it in due to bad weather. The pharmacist also told her which other pharmacies would not fill the prescription, but he was unable to tell her which ones would. Ms Anderson traveled over 100 miles round-trip in a winter storm to find a pharmacy that would accommodate her.

Gender Justice, a gender rights organization, represented Ms Anderson in a lawsuit and sued the pharmacist under the state’s Human Rights Act. Ms Anderson’s complaint noted that the Minnesota Board of Pharmacy allows pharmacists to decline filling prescriptions for emergency contraception but requires them to give the patient information about where to get it filled. Ms Anderson noted that although the pharmacist told her which pharmacies would not fill the prescription, he did not tell her where she could get help.

The pharmacist, in his testimony, argued that he was not trying to prevent Ms Anderson from accessing emergency contraception but that he did not want to be the one filling it, as he objects to any medication that prevents a fertilized egg from implanting in the uterus.

The jury sided with the pharmacist and held that he had not discriminated based on sex. However, the jury did award the patient $25,000 for emotional harm suffered during the incident.

Gender Justice has vowed to appeal the decision.

“The testimony was so clear that she received lesser services than other customers because what she was going there for was emergency contraception. And so, we believe that, by law, that’s discrimination in Minnesota,” said Jess Braverman, legal director for the advocacy group.

Protect yourself—even if you personally have an objection to dispensing emergency contraception, it’s wise to provide your patient with a suggested alternate pharmacist or pharmacy.