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August 27, 2009

Court Recognizes Rights of Pro-Life Pharmacy Owners

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The Springfield Circuit Court has blocked enforcement of an Illinois administrative rule requiring all pharmacy owners to provide Plan B and other forms of emergency contraception.

The Circuit Court injunction allows pharmacists to refuse to administer emergency contraception if doing so would violate their conscience. The injunction allows for the refusal to dispense emergency contraception pending the outcome of Morr-Fitz, Inc. v. Blagojevich - a case that recognizes the rights of both pharmacy owners and individual pharmacists to refuse to administer emergency contraception on moral grounds.

In ordering the injunction, the judge stated that the Morr-Fitz plaintiffs “have a likelihood of success on the merits of their claims.” If the Morr-Fitz reaches a successful conclusion, it will continue a recent string of judicial victories for health care right of conscience in Illinois.

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