Walgreen's vs Moralists, Round One

Conundrum brewing on the legislative horizon:

Four Illinois pharmacists have sued U.S. drugstore chain Walgreen Co., saying they were wrongly fired for refusing to dispense the "morning-after" emergency contraceptive pill.

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The suit, filed on Friday in Madison County, Illinois, charges that the company violated the Illinois Health Care Right of Conscience Act, which allows health care providers to opt out of procedures they object to on moral grounds.

"It couldn't be any clearer," ACLJ attorney Francis Manion said in a statement. "In punishing these pharmacists for asserting a right protected by the Conscience Act, Walgreens broke the law."

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Polzin said Walgreen had all of its Illinois pharmacists file an electronic, online statement saying they would follow Illinois pharmacy regulations including Plan B. The four pharmacists refused to agree by a set deadline, he said.

"We have to follow the law. We don't have a choice in this matter," Polzin said.

Walgreen's policy allows pharmacists to decline to fill a prescription if they have a moral objection. However, they must refer the prescription to another employee who can arrange to fill the order swiftly.

Polzin said the four pharmacists worked the overnight shift at 24-hour facilities, and as the only ones on duty, they could not have the prescriptions filled without delay, as state law requires.