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12 DePaul J. Health Care L. 67 (2009)
When Two Fundamental Rights Collide at the Pharmacy: The Struggle to Balance the Consumer's Right to Access Contraception and the Pharmacist's Right of Conscience

handle is hein.journals/dephcl12 and id is 69 raw text is: WHEN TWO FUNDAMENTAL RIGHTS COLLIDE AT THE
By Suzanne Davis & Paul Lansing'
The dangerous intersection between a pharmacist's right of moral belief
and a woman's right of contraceptive use continues to be an important
topic for debate across the nation. In fact, the area of contraceptive
rights has been a controversial issue since the United States Supreme
Court's decision in Griswold v. Connecticut in 1965, which recognized
a constitutional right of privacy in family planning decisions implicit
within the meaning of the Bill of Rights. Now, over forty years since
this landmark decision, courts continue to grapple with the notion of
women's rights and how contraceptive use should be protected.
New developments in pharmaceutical research and technology
have resulted in the formation of new legal and ethical issues. The
most recent dilemma faced by both federal and state courts features
women who desire a recently FDA approved contraceptive drug called
Plan B and pharmacists who are morally opposed to the mode of action
of the drug. This newfound ability to prevent birth using a drug taken
after sexual activity presents a scenario the Griswold Court would have
never anticipated. Nonetheless, the precedent beginning with Griswold
has created a necessary collision between these two fundamental rights.
Pharmacists are placed in a unique position in this controversy.
Pharmacists are licensed by the state yet some believe that they cannot
comply with state requirements due to their individual religious beliefs.
As nearly all Americans are familiar, the right to religious belief has
been protected since the drafting of the Bill of Rights in the First
Amendment. Consequently, many pharmacists, who are opposed to
Plan B, think the government should not be allowed to interfere with
their business and ethical decision to refuse to dispense the drug. As
Illinois State Senator and Pharmacist/Pharmacy Owner, Frank Watson,
Suzanne Davis is an instructor at the school of business at Eastern Illinois
University. Paul Lansing is a professor of business administration at the University of
Illinois at Urbana-Champaign

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