The Unconscionability of Conscience Clauses: Pharmacists' Consciences and Women's Access to Contraception
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THE UNCONSCIONABILITY OF
CONSCIENCE CLAUSES:
PHARMACISTS' CONSCIENCES AND
WOMEN'S ACCESS TO
CONTRACEPTION
Jed Millert
To say that contraceptives are immoral as such, and are to be
forbidden to... persons who will nevertheless persist in hav-
ing intercourse, means that such persons must risk for them-
selves an unwanted pregnancy, for the child, illegitimacy, and
for society, a possible obligation of support. Such a view of
morality is not only the very mirror image of sensible legisla-
tion.., it conflicts with fundamental human rights.'
[C]onstitutional rights 'cannot be allowed to yield simply be-
cause of disagreement with them. -2
INTRODUCTION
Pharmacists are now at the forefront of the controversy surround-
ing abortion and contraception. In recent years, some pharmacists,
I J.D. Candidate, Case Western Reserve University School of Law, 2006;
B.A., Oklahoma State University, 2003. I would like to thank Professor Jessica Berg,
Andy Dorchak, Andrea Telloni, Professor Jessie Hill, Professor Jonathan Entin, John
Rotterman, and my parents, Drs. David and Sylvia Miller.
1 Eisenstadt v. Baird, 405 U.S. 438, 452-53 (1972) (quoting Baird v. Eisen-
stadt, 429 F.2d 1398, 1402 (1st Cir. 1970), affid, 405 U.S. 438 (1972)) (discussing the
right to use contraception).
2 Valley Hosp. Ass'n, Inc. v. Mat-Su Coal. for Choice, 948 P.2d 963, 972
(Alaska 1997) (quoting Brown v. Bd. of Educ., 349 U.S. 294, 300 (1955)) (discussing
reproductive rights as they relate to the state's interest).
3 Stephanie Simon, Pharmacists New Players in Abortion Debate; Six States
Consider Legislation That Would Shield Those Who Refuse to Dispense the Morn-
ing-After Pill as a Matter of Conscience, L.A. TIMEs, Mar. 20, 2004, at A18](ViewImageLocal?handle=hein.journals/hmax16&div=14&collection=journals&method=preview&ext=.png&size=3)
The Unconscionability of Conscience Clauses: Pharmacists' Consciences and Women's Access to Contraception
The Unconscionability of Conscience Clauses: Pharmacists' Consciences and Women's Access to Contraception