WASHINGTON, DC— In February, the Eckerd Corporation fired three pharmacists who refused to participate in the deaths of unborn children. Gene Herr of Denton, Ohio, said he and two coworkers were fired after refusing to fill a prescription for so-called emergency contraception. Morning-after pills are higher doses of the hormones in regular birth control pills and have been sold under the brand names Plan B and Preven since 1998. They work by preventing ovulation or fertilization of an egg. If fertilization already has occurred, they prevent it from implanting into the uterus (an early abortion).

Herr would not fill the prescription for the “morning-after pill” because it could have killed the child if the woman seeking the drug had already conceived. Though he had declined to fill such prescriptions in the past, this particular woman had reportedly been raped—a circumstance that apparently warranted corporate disciplinary action for Herr and his colleagues. The woman obtained the drugs at another local pharmacy.

An Eckerd spokesman said the company had taken “the appropriate disciplinary action” since its employment manual requires pharmacists to fill all legitimate prescriptions. There are no exceptions, even for religious or moral reasons.

In a similar case, the Associated Press reports that the Wisconsin Department of Regulation and Licensing has filed a complaint against pharmacist Neil Noesen for refusing to fill a prescription. Noesen was substituting at a Kmart Pharmacy and had told the managing pharmacist he would not fill prescriptions for birth control that could cause an abortion. The managing pharmacist agreed to fill such prescriptions.

The complaint stems from an instance in which Noesen was the only pharmacist on duty. Noesen declined to fill a prescription for birth control pills. When the customer went to a Wal-Mart Pharmacy, Noesen refused to transfer the prescription. She returned to the Kmart with two police officers, but Noesen still refused and police took no action. The managing pharmacist refilled the prescription when he returned to work.

After a CVS pharmacist in North Richland Hills, Texas, refused to dispense birth control pills, an official with the drugstore chain said its pharmacists do not have to fill such prescriptions if it is against their religious beliefs. “We support our pharmacists who have a deeply-held belief,” the spokesman said. Company policy calls on pharmacists to help the customer get their prescription filled by another pharmacist in the same store or by calling a competing store. The spokesman said the pharmacist will receive additional training for failing to help the customer get the prescription filled.

The CVS spokesman apologized to the customer, Julee Lacey, and promised to deliver the prescription to her home. CVS said its policy is designed to respect the religious beliefs of its pharmacists as well as the rights of customers. The conscience clause of the American Pharmacist Association “supports establishing systems to ensure patients’ access to legally prescribed therapy without compromising the pharmacist’s right of conscientious refusal.”

The CVS customer service phone line initially told callers that the pharmacists who refused to fill the prescription based on personal conviction was acting in line with CVS policy. The message was later changed to say that the pharmacist who took a stand had violated company policy because he did not make sure the prescription is filled by another pharmacist at that location or by another area pharmacy.

Planned Parenthood Federation of America (PPFA) President Gloria Feldt fired off a letter to CVS Chief Executive Officer Thomas M. Ryan:

"I am writing to express my outrage at the discrimination that violated Julee Lacey’s rights March 29 at the CVS Pharmacy in North Richland Hills. Upon presenting her prescription for birth control pills at the drive-through pharmacy window of that location, Mrs. Lacey was told that the pharmacist would not fill her prescription. Not because there was a problem with the prescription, or because the pharmacy was out of stock. No, Mrs. Lacey was denied this essential medication because the pharmacist personally did not “believe” in birth control.

"This is completely inexcusable. Contraception is basic health care for women—85% of us use it at some point during our lifetimes. Mrs. Lacey had a valid and legal prescription to obtain it. This pharmacist’s actions were an unacceptable imposition of narrow personal ideology on Mrs. Lacey’s reproductive health and rights.

"When this story first broke, people who called CVS’ customer service line were told that CVS supported the pharmacists’ actions and that refusing to fill prescriptions based on personal beliefs was in line with CVS policy. Soon afterwards, however, callers were informed of the CVS policy requiring referrals, and informed that CVS would be following up with the pharmacist who refused to dispense Mrs. Lacey’s birth control for her violation of company standards.

"On behalf of America’s women, I want your personal guarantee that this will never happen again. We want to know the immediate steps you will take to guarantee that all CVS pharmacies at least ensure that every patient’s prescription is filled, either by a CVS pharmacist or by another nearby establishment that will fulfill their professional obligations instead of imposing personal ideology and denying patients their rights. When an Eckerd pharmacist in Denton, Texas, refused to fill a rape survivor’s prescription for emergency contraception he was fired. I urge you to consider whose conscience really counts here, and to formulate your response accordingly. Your pharmacist’s actions were a violation of women’s fundamental human rights, and we will not stand silently by.”

Yes, Feldt argues that obtaining birth control is a “fundamental human right.” She also refers to the “morning-after pill” as “medication.”

LDI President Douglas R. Scott has written to the head of Eckerd to express his outrage over the decision to fire the pharmacists. He also wrote to the president of CVS to urge the company to take a strong stand in defense of religiously-held beliefs. Scott wrote that Planned Parenthood is in no moral position to be bullying anyone or demanding anything.

ACTION: Write to Mr. J. Wayne Harris, Chairman & Chief Executive Officer, Eckerd Corporation, 8333 Bryan Dairy Rd., Largo, FL 33777-1213. We suggest that you call as well as (not instead of) writing a letter: (800) 325-3737. Copy your letter and also place a phone call to Eckerd’s parent corporation: Mr. Allen I. Questrom, Chairman & Chief Executive Officer, J.C. Penny Company Inc., 6501 Legacy Dr., Plano, TX 75024-3698. Phone: (972) 431-1000.

Write to Thomas M. Ryan, Chairman, President and Chief Executive Officer, CVS Corporation, One CVS Dr., Woonsocket, RI 02895. Phone: (401) 765-1500, ext. 2800.