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Thomas More Society Files Lawsuit
Protecting Pharmacist’s Rights of Conscience

K-Mart disciplined Neil Noesen.

(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).

Neil T. Noesen
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

•  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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