Druggists can deny Plan B, judge rules

Pharmacies and pharmacists with religious or moral objections to "Plan B" emergency contraception may continue to refuse to dispense it until a lawsuit is settled, a federal judge ruled Friday.

The state had asked Judge Ronald Leighton of the U.S. District Court to reinstate rules requiring pharmacists and pharmacies to dispense all legal medications, pending outcome of an appeal. Last year, Leighton suspended the rules as they pertain to Plan B, the so-called "morning-after pill," by granting an injunction.

Under the rules, pharmacies must stock and dispense legal medications; individual pharmacists may refuse, but only if someone else is available to provide the medication.

The defendants, including the state Department of Health and the Board of Pharmacy, asked the judge to stay the injunction and the case itself while the 9th Circuit Court of Appeals hears an appeal. The judge's ruling means state rules are still suspended, and the case in Tacoma — scheduled to go to trial in October — will continue. Defendants must file their appeal by Feb. 29.

In Friday's motion, the defendants argued that Washington residents have a legal right to obtain Plan B from pharmacies, and that the injunction "broadly infringes on that right, placing the public at greater risk of denial of access to care."

At Friday's hearing, Leighton said he sensed that wrangling over the issue is driven by bitterness between the two sides, and not by desire for good health-care policy.

"I do get the impression that this is a solvable problem, and it's not an issue that anyone wants to have solved," Leighton said.

Leighton predicted the case eventually could wind its way to the U.S. Supreme Court.

The lawsuit was filed by two pharmacists and a pharmacy owner who contend their "rights of conscience" were violated by the state rules. The plaintiffs say their religious beliefs prevent them from providing the emergency contraception, which they say can cause an abortion — a claim the other side disputes.

Six women and a man have joined the lawsuit on the side of the state, arguing that they should have timely access to legal medications.

Carol M. Ostrom: 206-464-2249 or costrom@seattletimes.com.

Material from The Associated Press was included in this report.