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(April
23, 2008) Today the
Thomas More Society
filed an appeal with
the Wisconsin Supreme
Court on behalf of
Neil T. Noesen. Noesen
is a registered pharmacist,
who refused to fill
a prescription for
oral contraceptives
at a K-Mart in Menominee,
Wisconsin, because
of conscientious objections.
In 2005, he was disciplined
by the Wisconsin Pharmacy
Examining Board for
refusing to transfer
the prescription.
Both
a Wisconsin Circuit
Court and the Wisconsin
Court of Appeals upheld
the order of the Pharmacy
Examining Board imposing
discipline on Mr. Noesen
(a reprimand and limitations
on his license).
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Pharmacist
Neil T. Noesen
(Photo
courtesy
of
LifeNews.com) |
Prior
to refusing to fill
or transfer the prescription,
Mr. Noesen notified
his employer of his
conscientious objection
to contraceptives.
The employer had adopted
a procedure for accommodating
Mr. Noesen's beliefs
without losing customers
but it was not followed
in this particular
case. As Mr. Noesen
explained to the Court: “…with
good conscience, I
can't aid, abet, encourage,
refer, transfer, or
participate in any
way with something
that I feel would be
impairing the fertility
of a human being.” The
customer's prescription
was ultimately filled
and she did not become
pregnant from missing
a single dose of her
prescription.
According
to Paul Linton, Thomas
More Society Special
Counsel, “Mr. Noesen
is being punished
for refusing to compromise
his beliefs. The
Pharmacy Examining
Board's action violates
his rights of conscience,
clearly protected
by the Wisconsin
Constitution (art.
I, s. 18). We hope
the Wisconsin Supreme
Court will restore
Mr. Noesen's right
to express his deeply
held beliefs. Being
tolerant of what
others believe is
the definition of
a free society.”
TMS
Documents
• TMS Appeal to
Wisconsin
Supreme
Court
(PDF),
April
23, 2008
• Wisconsin Conscience
Clause (PDF)
• Court
of Appeals Decision (PDF),
March
25, 2008
• Appeal Press
Release (PDF),
April
23,
2008
Related
Event
• TMS's
Tom Brejcha
Speaks
at Bioethics
Seminar
in Madison,
Wisc.
April
26. Seminar
theme: “Conscience
Rights
for Physicians
and Health
Care
Professionals.” Brochure
Media
Coverage
• State
Supreme
Court
Refuses
to Hear
Case,
June
10, 2008
Barron
News-Shield
• Disciplined
Pharmacist
Takes
Religious
Discrimination
Case
to
Wis.
High
Court,
April
25,
2008, Christian
Post
• Pro-life
law firm
to appeal
Menomonie's
pharmacist's
case
to state
Supreme
Court,
April
24, 2008, Pierce
County
Herald
• Pharmacists
seeks
state
Supreme
Court
review,
April
24, 2008 Capital
Times
• Birth
control
denial
revisited,
April
23, 2008
Milwaukee
Journal Sentinel
• Wisconsin
pro-life
pharmacist's
case
heads
to state
Supreme
Court,
April
23, 2008, LifeNews
• Other
coverage
Lawyers.com
Christians
Unite
Alliance
Defense Fund
Nightwatch
World News Prayer
Network
LifeSiteNews
ChristianNewsWire
Earned
Media
Pharmacists
for Life International |
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