A Minnesota jury ruled a pharmacist didn’t violate a female patient’s rights after he refused to fill her emergency contraception prescription due to his beliefs.
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In January 2019, Andrea Anderson went to the Thrifty White pharmacy after her doctor sent a prescription for Ella, an emergency contraceptive. The pharmacy is also the only pharmacy in the small town of McGregor, but George Badeaux told Anderson that he couldn’t fill the prescription due to his beliefs. Her lawsuit said she drove 20 miles to a CVS, where they also denied refilling her medicine, and she had to go another 50 miles to a pharmacy during a snowstorm to fill the medication. She was represented by Gender Justice, who argued in court that the pharmacist’s refusal was illegal sex discrimination and violated the state’s Human Rights Act.
Despite the verdict, the jury awarded $25,000 to the mother of five, and Gender Justice will appeal the decision to the Minnesota Court of Appeals, as reported by Insider.
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Before the verdict was reached, Anderson said she hoped other women wouldn’t experience the same issues with receiving their emergency contraception or other forms of birth control.
“I can’t help but wonder about the other women who may be turned away. What if they accept the pharmacist’s decision and don’t realize that this behavior is wrong? What if they have no other choice? Not everyone has the means or ability to drive hundreds of miles to get a prescription filled. I can only hope that by coming forward and pursuing justice that others don’t have to jump the ridiculous hurdles I did.”
Gender Justice Legal Director Jess Braverman said in a statement that Minnesota prohibits sex discrimination which includes refusing to refill birth control.
“To be clear, the law in Minnesota prohibits sex discrimination and that includes refusing to fill prescriptions for emergency contraception. The jury was not deciding what the law is, they were deciding the facts of what happened here in this particular case. We will appeal this decision and won’t stop fighting until Minnesotans can get the health care they need without the interference of providers putting their own personal beliefs ahead of their legal and ethical obligations to their patients.”
Gender Justice said the case is the first of its kind since it is based on gender discrimination despite numerous lawsuits regarding pharmacists refusing to refill birth emergency contraception. A judge from the case ruled that the pharmacist could not use his religious beliefs as a defense during the trial.
Based on the Code of Ethics for Pharmacists, they are prohibited from denying any medication based on discriminatory practices or beliefs.
“A pharmacist acts with honesty and integrity in professional relationships. A pharmacist has a duty, to tell the truth, and to act with conviction of conscience. A pharmacist avoids discriminatory practices, behavior or work conditions that impair professional judgment, and actions that compromise dedication to the best interests of these patients.”