April 13, 2005

(Springfield, IL) – The American Center for Law and Justice (ACLJ), which focuses on constitutional law, today filed a lawsuit in state court in Illinois on behalf of two pharmacists challenging Illinois Governor Rod Blagojevich’s emergency amendment to the state code requiring pharmacists to dispense medication even if filling the prescriptions violate their conscience and religious beliefs.  The ACLJ lawsuit charges that the Governor’s order is unenforceable and urges the court to declare it null and void because it violates state law including the Illinois Health Care Right of Conscience Act.

“This directive is not only legally flawed but it puts pharmacists in the untenable position of having to choose between adhering to their religious beliefs and violating a law that could cost them their jobs,” said Francis J. Manion, Senior Counsel of the ACLJ, which is representing the two pharmacists.  “There are protections in place to prevent employees from being punished because of their religious beliefs.  The Governor’s directive is out of step with state law and we are urging the court to issue an injunction that would block the enforcement of this directive and ultimately declare the Governor’s action null and void.”

The ACLJ today filed suit in the Circuit Court of the Seventh Judicial Circuit in Springfield, Illinois on behalf of Peggy Pace and John Menges, two registered pharmacists who will not dispense the morning-after pill and/or “Plan B” medication because of their religious, moral, and ethical beliefs.  Both Pace and Menges believe the drugs are abortion producing medications.  Pace is a staff pharmacist at a retail chain in Glen Carbon and Menges works as a staff pharmacist at a retail chain in Collinsville.

The lawsuit contends that the Governor’s emergency amendment is unenforceable because it violates the Illinois Health Care Right of Conscience Act which makes it unlawful for any public official to discriminate or punish any person who refuses to “participate in any way in any particular form of health care services contrary to his or her conscience.”

The suit also charges the emergency amendment violates the Illinois Religious Freedom Restoration Act, the Illinois Human Rights Act, and Title VII of the Civil Rights Act of 1964.  The suit requests the court grant an injunction preventing the measure from being enforced and asks the court to declare the directive unenforceable and null and void.

“The religious beliefs of those in the health care industry must be protected,” said Manion.  “The pro-life pharmacist who chooses not to dispense abortion producing drugs should not face punishment and discrimination for abiding by those convictions.”

The ACLJ, which specializes in pro-life litigation, is defending a national law protecting health care workers from discrimination.  The measure, which is being challenged in the federal courts, bars federal funds from going to federal or state programs that discriminate against health care professionals who do not participate in abortion services.  The ACLJ represents members of Congress – including Representatives Henry Hyde (R-IL) and Dave Weldon, M.D. (R-FL), the sponsors of the measure.

Led by Chief Counsel Jay Sekulow, the ACLJ specializes in constitutional law and is based in Washington, D.C.