Brad Shannon

Brad Shannon:
The Politics Blog

Brad Shannon maintains this blog. He is political editor at The Olympian and can be reached at 360-753-1688 or bshannon@theolympian.com.

Gov. Gregoire may appeal Ralph’s Plan B victory

Brad Shannon | The Olympian • Published February 22, 2012

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As reported here by The Associated Press, a federal judge tossed out the Washington state Pharmacy Board’s dispensing rule today, which required pharmacies to stock and dispense medications such as Plan B – a morning-after birth-control bill. The ruling by Judge Ronald Leighton was a victory for the Stormans family that refused to stock the pills – citing religious objections - at its Olympia pharmacy.

Gov. Chris Gregoire put out a statement, making clear an appeal is possible:

“The purpose of the Board of Pharmacy rule is to ensure safe and timely access to lawful and lawfully prescribed medications, with particular concern about time sensitive medications. I remain concerned about the impacts on patients if pharmacies are allowed to refuse to dispense lawfully prescribed or lawful medications to patients. I am especially concerned about those living in rural areas, many of whom may have few alternatives and could suffer lengthy delays in receiving medication or go without entirely.

“My position in the matter has been clear from the start, and that is that patients should be provided with lawful and lawfully prescribed medications.

“Secretary of Health Mary Selecky, the Attorney General’s Office and I will confer regarding the best path forward to ensure patients have access to medications, especially those that are time sensitive. There are strong arguments to make on appeal from this lower court decision.”


The Becket Fund for Religious Liberty posted a copy of Leighton’s ruling here. Becket Fund also put out a statement calling the ruling a victory for religious freedom and the two pharmacists who also were parties to the suit:

“Today’s decision sends a very clear message: No individual can be forced out of her profession solely because of her religious beliefs,” said Luke Goodrich, Deputy National Litigation Director at the Becket Fund for Religious Liberty. The Becket Fund, together with the Seattle-based law firm of Ellis, Li & McKinstry, represents the plaintiffs in the case. “If the state allows pharmacies to refer patients elsewhere for economic, business, and convenience reasons, it has to allow them to refer for reasons of conscience,” added Mr. Goodrich.


On the other side, Jay Inslee, the leading Democratic candidate for governor in 2012, put out a statement in support of the rule:

"It is beyond reason that women are still forced to battle for something as basic as contraception in the year 2012. We just witnessed the Republican Party’s attack on women in the recent House hearing on copay-free contraception, and now this federal ruling that would allow physicians to deny contraception to women in crisis. This is not a battle over religious freedom – it’s a battle to let science guide our discourse instead of ideology. This ruling must be aggressively challenged and women’s full access to contraception restored and protected."


Kevin Stormans’ family has fought in court since 2007 over the issue. But its battle in the Thurston County community began a year before that – when activists staged an economic boycott against the Stormans-owned Ralph’s and Bayview supermarkets.

We relied on The Associated Press for today’s story. But I hope to talk to Kevin Stormans at some point soon. Likely, the fight goes on.

Similar stories:

  • Pair of state agencies to appeal Plan B ruling

  • UPDATE - State appeals Plan B ruling in Ralph’s case

  • Plan B case decided

  • New chapter in 'morning-after' pill battle starts Monday

  • State can’t dictate morally objectionable rules

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