The Stormans family and pharmacists Margo Thelen and Rhonda Mesler have over 100 years of combined experience in pharmacy in Washington State. The Stormans, Margo, and Rhonda are Christians whose faith forbids them from participating in the destruction of human life, including dispensing abortion-inducing drugs, like the morning-after pill (Plan B) and ella. Prior to 2007, in Washington State, pharmacies were permitted to refer any customer requesting one of these drugs to a nearby pharmacy that dispensed it.
In 2007, after extreme pressure from pro-abortion groups, like Planned Parenthood, and Washington’s governor, the Washington Board of Pharmacy issued a new regulation requiring pharmacies to dispense Plan B and made religiously motivated referrals illegal—while at the same time permitting referrals for almost an unlimited number of business and convenience reasons.
The Stormans, Margo, and Rhonda challenged the new regulation in federal court. After a 12-day trial in 2012, the court ruled that the state Board of Pharmacy cannot force the family-owned pharmacy and two pharmacists to choose between their professions and their religious beliefs. The court held, “The facts of this case lead to the inescapable conclusion that the Board’s rules discriminate intentionally and impinge Plaintiffs’ fundamental right to free exercise of religion.”
The State of Washington and interveners, represented by Planned Parenthood and Legal Voice, appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit. On July 23, 2015, a three-judge panel reversed the lower court’s decision, upholding the Washington Board of Pharmacy rules that force pharmacists to dispense drugs contrary to their conscience instead of allowing them to refer customers to other pharmacists as they are allowed to do in all 49 other states.
Alliance Defending Freedom and its allies at Ellis, Li & McKinstry PLLC, a Seattle law firm, and the Becket Fund for Religious Freedom filed a petition for writ of certiorari with the United States Supreme Court.
Unfortunately, on June 28, 2016, the Court denied review of the case.
What's at stake
The right of pharmacists and pharmacy owners to act according to their faith
The right to express and live out one’s faith in the marketplace
The right to refrain from participating in the taking of human life
Our role in this case
Alliance Defending Freedom defended the Stormans family, Margo Thelen, and Rhonda Mesler free of charge.
June 28th, 2016US Supreme Court allows extreme Washington state pharmacy policy to stand
February 8th, 2016Broad support for pharmacists' freedom, near-unanimous opposition to extreme Wash. state policy
January 4th, 2016Pharmacists ask US Supreme Court to weigh in on Wash. state law that Planned Parenthood wrote
August 1st, 2014US Supreme Court win supports Wash. pharmacist case
February 22nd, 2012Court: Wash. pharmacists can't be forced to violate their consciences
July 14th, 2010Patients' health, pharmacists' conscience protected in Wash., court agrees to halt trial
ImageMay 2nd, 20089th Circuit thwarts Wash. state's attempt to stall conscience rights
November 8th, 2007Court stops enforcement of Wash. regulations targeting pharmacists, pharmacies who don't stock abortion drugs
ImageJuly 27th, 2007ADF: Health care providers should not be forced to distribute abortion-inducing drugs in Washington State
ImageMarch 14th, 2006ADF defends right of conscience for pharmacists