Category: News Releases

ACLJ Gets Legal Victory as Lawsuit Against K-Mart Involving Abortion Producing Drugs Moves Forward

News Release

American Center for Law and Justice

(Cincinnati, OH) — The American Center for Law and Justice, an international public interest law firm, said today a federal court has cleared the way for its lawsuit against Kmart on behalf of a pharmacist who was fired for refusing to dispense abortion producing drugs to move forward. A federal judge in the case refused to dismiss the suit and said that a pharmacist may sue her employer under a state conscience law which protects persons who refuse to perform or participate in medical procedures which result in abortion.

“This is a major victory for the rights of conscience,” said Francis J. Manion, Senior Counsel for the ACLJ who is suing Kmart on behalf of a pharmacist. “As long as abortion is legal in this country, there will be millions of citizens opposed to the practice on ethical and religious grounds. These people deserve legal protection to the fullest extent possible. No one should be forced to choose between their livelihood and their conscience. We look forward to moving forward with our case and the upcoming trial on this most critical issue.”

The case began in 1996 when Kmart fired Karen Brauer, an Indiana pharmacist, after she refused to dispense a drug called Micronor. Micronor, a progestin-only contraceptive, works in a significant number of patients by preventing the implantation of a fertilized egg. According to Brauer, this means Micronor and similar drugs, rather than preventing pregnancy; terminate a human life that has already begun. Brauer was fired from Kmart’s Hamilton, Ohio store when she refused to sign an agreement that she would dispense all lawfully prescribed medications regardless of her feelings or beliefs. The ACLJ filed suit against Kmart in U.S. District Court in Cincinnati in August 1999.

Kmart went to court in an effort to dismiss the suit. But in an opinion issued yesterday and released to the ACLJ today, U.S. District Court Judge Herman Weber disagreed with Kmart’s narrow reading of the state conscience statute ruling the statute “is obviously intended to allow an individual who morally or ethically opposes abortion . . . to follow the dictates of her conscience and refuse to participate in such procedures.” The court likewise rejected Kmart’’s arguments that the legislature did not intend the conscience law to apply to the dispensing of a drug that sometimes prevents implantation. Judge Weber said: “What is critical . . . is the undisputed fact that Micronor does prevent implantation of a fertilized egg in some cases and plaintiff’s asserted belief that this process results in abortion and is morally wrong.”

Manion says the court’s decision is an important step in protecting the rights of employees who hold religious beliefs. “This case has enormous implications for the growing practice of chemical or drug-induced abortions. So-called ‘emergency contraceptives’, ‘morning-after pills,’ and RU-486 all work – not by preventing pregnancy – but by ending a human life already in existence. With the court’s recognition of a pharmacist’s statutory exemption from participating in such procedures, pharmacists and others have gained the ability to protect themselves against recrimination for following the dictates of their consciences.”

Manion said the court’s ruling now clears the way for trial to begin in May. The suit seeks compensatory and punitive damages against Kmart and alleges that her firing violated both federal and state laws. At the same time, the suit contends that as a result of Brauer’s termination, she “has sustained and continues to sustain substantial losses in earnings, retirement benefits, and other employment benefits, and has suffered and continues to suffer damage with regard to her professional standing.”

The American Center for Law and Justice is an international public interest law firm that focuses on constitutional issues including pro-family and pro-life cases.

Protection of Conscience Project one year old

News Release

Protection of Conscience Project

The Protection of Conscience Project was officially launched one year ago. The Project is a non-denominational, non-profit initiative that seeks laws to protect the freedom of conscience of health care workers and others, who have come under increasing pressure to participate in morally controversial procedures.

Over the first few months, the original board of advisors grew from three to seven; it now includes members from three continents, four countries and a number of academic disciplines.

During the year, submissions on freedom of conscience were made to the All-Party Oireachtas Committee on the Constitution (Ireland), the British Columbia Civil Liberties Association, and the National Association of Pharmacy Regulatory Authorities (Canada). The potential impact of the Access to Abortion Services Act (British Columbia) was examined in the first Project report, and efforts have been made to support conscientious objectors by facilitating communication, and by referrals and correspondence.

The Project website has been used by some legislators and others advocating for protection of conscience. Entry level pages in English and French are now available on the site. Posted documents are linked to a service that provides free translation of the gist of the text into six languages, with an option for more accurate, paid translation.

There have been over 800 visitors and 1,000 visits to the website since mid-February, 2000, an average of four visits per day. “The numbers aren’t large,”  comments Sean Murphy, the Project Administrator. “But word is slowly getting out to the people who need to hear about it. And comments from people in difficulty indicate that the work being done is appreciated.”

ACLJ files religious discrimination suit against Ca. health agency over “morning after” pill

News Release

American Center for Law and Justice

(Riverside, CA) – The American Center for Law and Justice, an international public interest law firm, today filed suit in U.S. District Court in Riverside, California on behalf of a health care worker charging that she was fired from her job as a nurse for Riverside County, California after she refused to dispense medication known as a “morning-after” pill designed to end  pregnancies.

“This case centers on the rights of our  client to hold religious beliefs and have those beliefs accommodated by her  employer,” said Frank Manion, Senior Regional Counsel of the ACLJ who is representing the nurse. “Our client did not want to dispense medication that she believes places her in a position to participate in an abortion. It is our position that her deeply held religious beliefs were ignored by her employer and it is our belief that she was wrongly fired because of those beliefs.”

The ACLJ filed suit today in U.S. District Court in Riverside on behalf of Michelle Diaz, who worked as a Clinic Health Nurse at the Riverside Neighborhood Health Center. The complaint contends that in March 1999, Diaz and other health professionals expressed their concerns to management about dispensing the so-called “morning-after” pill – medication designed to end pregnancies.  The lawsuit states that Diaz told her supervisor that her deeply held religious beliefs prevented her from distributing the medication because she believed she would be participating in an abortion.

The complaint contends that the Director of Public Health for Riverside County informed her that if she did not sign a document that required her to dispense what the county called “emergency contraception” which included the “morning-after” pill and other pregnancy-ending medications, she  would no longer be able to work at the clinic. Diaz did not sign the document and wrote a letter to the Director of Public Health explaining that her religious beliefs prevented her from doing so.

According to the suit, in June 1999, Diaz was contacted by news reporters concerning the “morning-after” pill controversy and explained her position to the media. The suit contends that on June 23, 1999 – just days after speaking with the media – she was told that she was being terminated.

“This case may represent a new kind of religious discrimination in the workplace as health care professionals strive to follow their consciences as they begin dispensing new pregnancy-ending drugs like RU-486,” said Manion. “A person’s religious beliefs must be respected and accommodated in the workplace. To do anything less is simply wrong and unconstitutional.”

The lawsuit contends that the action taken against Diaz violated the First and Fourteenth Amendments of the U.S. Constitution along with provisions in the California Constitution. The complaint contends the County violated her constitutional rights of free speech and violated Title VII of the Civil Rights Act of 1964 by refusing to accommodate her religious beliefs and terminating her employment.

At the same time, the suit contends that Diaz has suffered and continues to suffer financial loss from the termination and damage to her  professional reputation. The suit requests that the court find the actions of the defendants illegal and unconstitutional and requests unspecified damages. The suit also requests a trial by jury.

The suit names as defendants the County of Riverside Health Services Agency, Kenneth Cohen, the Director of the Agency, and Dr. Gary Feldman, who serves as Director of Public Health and as the Public Health Officer for Riverside County.

The ACLJ is being assisted in this case by Robert Tyler of the firm, Tyler, Dorsa & Eldridge in Temecula, CA.

The American Center for Law and Justice is an  international public interest law firm that specializes in constitutional law and focuses on pro-life, pro-family, and pro-liberty issues. The ACLJ is headquartered in Virginia Beach, VA.

 

Government declines to rule out prosecution of conscientious objectors

News Release

Protection of Conscience Project

A spokesperson for the British Columbia Ministry of Health has declined to provide assurance that health care workers who object to abortion will not be prosecuted under the Access to Abortion Services Act.

The Act could be used to prosecute health care workers in “bubble zones” who decline to participate in abortion, or express disapproval of abortion in meetings or private conversations. It could also be used against clergy or counsellors providing pastoral care in “bubble zones” who provide information about abortion, or express disapproval of abortion.

The potential for conflict was first brought to the attention of the Minister of Health in 1995. It was raised again in correspondence this year with the Okanagan Similkameen Health Region and the Minister of Heath, as a result of discussion about the imposition of  a “bubble zone” at Kelowna General Hospital.

The Minister of Health refused to provide written assurance that the Act would not be applied against conscientious objectors, and refused to amend the Act. The Okanagan  Similkameen Health Region declined to consider the question, since a “bubble zone” had not been imposed on the Kelowna General Hospital.

A report on the subject is available on the Protection of Conscience Project website (Report 2000-01)

B.C. Pharmacist representing “conscientious objectors” at AGM wins substantial support from colleagues

News Release

Concerned Pharmacists for  Conscience in BC

A resolution that would allow pharmacists to opt out of dispensing morally controversial products such as the Morning After Pill gained substantial support from pharmacists at the AGM of B.C. Pharmacists on October 12th.

A number of pharmacists took to the microphone to voice their strong support; only one pharmacist spoke in opposition. Although the preliminary show-of -hands vote was not won, supporters of the resolution do not see this as a defeat, but simply as a sign that more work needs to be done.

At best, the current Code of Ethics for pharmacists acknowledges that some members may run into moral dilemmas, but does not provide accommodation for conscientious objectors.

“It is ironic that the B.C. Health Minister wants to ban tobacco sales in pharmacies while our Premier wants pharmacists to give out the morning after pill like candy. Scientifically, this is an abortion causing drug developed primarily to act against implantation of a live human embryo in vivo. It is a product that professional pharmacists may refuse to dispense for medical, ethical reasons, or on moral or religious grounds, not to mention liability concerns and the possibility of having angry parents of teenagers coming after us. We still do not know long -term effects of repeated use of the morning after pill, but we do know that these high doses of hormones have been strongly linked to breast cancer. We will be using our young women as guinea pigs,” says Cristina Alarcon, British Columbia representative for a group called Concerned Pharmacists for Conscience.

” Regardless of where you stand on the moral issues surrounding abortifacient use, pharmacists who do not wish to participate must be respected and should not be FORCED to refer”, says Alarcon.

Miss Alarcon made the opening remarks at the AGM in support of the resolution that would recognize a pharmacist’s right to refuse a prescription on moral grounds.

” Conscientious objectors simply want to exercise the right to not participate in morally objectionable treatments and the right to freedom of conscience in matters that pertain to morals and religion in accordance with Canadian Human Rights jurisprudence. We do not claim to have a monopoly on the profession, and we are not blocking access nor infringing on a patient’s ” right to choose”. Furthermore, with the dawn of ever more controversial “treatments”, such as euthanasia,

RU-486, genetic manipulation , and execution (as referred to in our Mar/Apr College bulletin), health care workers are in greater need of Conscience Clause Legislation in this country. This is what I am fighting for,” she continues; “If we are to act in the public’s best interests, we must act freely and responsibly, and not as coerced automatons as our College currently mandates, nor as dispensing machines.

For further information, please call Miss Cristina Alarcon, at 604-222-8317 or at 604-974-0993 ext. 1232