Six years after refusing to fill or transfer the birth control prescription of UW-Stout student Amanda Phiede, pharmacist Neil T. Noesen wants the Wisconsin Supreme Court to hear his appeal of court-ordered punishments.
The case pits religious beliefs against professional duties: Noesen maintains that he should not be obligated to dispense medications prohibited by his religion, arguing that this violates his state constitutional rights, or right of conscience,"" to religiously oppose birth control.
The state Pharmacy Examining Board, Barron County Circuit Court and 3rd District Court of Appeals disagree. In March, the appellate court affirmed the legality of the board's ruling to limit Noesen's license and require him to take an ethics course.
The Wisconsin Supreme Court has discretion over the cases it hears, and this one should not make it to the floor. The seven justices charged with selecting cases for review should affirm the lower courts' decisions by rejecting the appeal and leaving Noesen with the punishment his actions warranted.
When Noesen allowed his personal beliefs to infringe on Phiede's right to purchase physician-approved contraception, he violated an ethical imperative to provide care. Noesen stonewalled the patient's efforts to procure birth control for two full days - he not only refused to fill the prescription but also prevented the prescription's transfer - forcing Phiede to miss a dose and face an increased risk of pregnancy.
Noesen's decision was reckless and unlawful. Wisconsin law prohibits pharmacists from refusing treatment on moral grounds. As the appellate ruling aptly noted, the U.S. Supreme Court has ruled that one's religious beliefs do not exempt compliance with otherwise valid laws forbidding conduct that is within the state's legal purview.
Had Noesen retained full rights as a pharmacist, he would be an enduring threat to patients seeking contraceptives.
Despite its reputation, birth control is not a recreational drug used solely for promiscuous sex. Birth control meets legitimate health needs: Physicians prescribe it for non-contraceptive medical issues such as severe acne, extreme menstrual cramps and irregular periods.
Noesen pried into Phiede's private medical decisions when he inquired her purpose for the prescription and had no right to subsequently judge her lifestyle by denying care.
Noesen clearly stood in violation of the law by repeatedly putting his religious beliefs ahead of his professional duties. The appellate decision must stand.
