A federal judge in the US state of Washington has upheld the conscience rights of pharmacists who do not wish to sell abortifacient drugs.

Judge Ronald Leighton ruled last week that the requirement for pharmacists to stock and dispense pills that can cause abortions, a requirement imposed by Washington state’s Board of Pharmacy, violated the religious freedom of pro-life pharmacists.

In Ireland, the Code of Conduct of the Pharmaceutical Society of Ireland requires pharmacists to sell all drugs legally available in the State, including abortifacients, with no provision for conscientious objection.

Originally, the Board of Pharmacy in Washington State drafted rules that included a conscience clause for pharmacists, However, Democratic Governor Chris Gregorie protested and threatened to fire the board members. The board caved in under pressure from Gregorie and two abortion rights organisations, including Planned Parenthood.

The rules that were adopted as a result “are not neutral, and they are not generally applicable,” Leighton wrote. “They were designed instead to force religious objectors to dispense [an abortion-causing drug], and they sought to do so despite the fact that refusals to deliver for all sorts of secular reasons were permitted.

“In effect, the rules force them to choose between their religious beliefs and their livelihood.

“The facts of this case lead to the inescapable conclusion that the Board’s rules discriminate intentionally and impinge [the pharmacists’] fundamental right to free exercise of religion,” Leighton said.

Luke Goodrich of the Becket Fund for Religious Liberty said in a written statement, “Today’s decision sends a very clear message: No individual can be forced out of her profession solely because of her religious beliefs.

If the state allows pharmacies to refer patients elsewhere for economic, business, and convenience reasons, it has to allow them to refer for reasons of conscience.”

The “morning-after” pill, also known as ‘emergency contraception’, can restrict ovulation in a woman or prevent fertilisation, but it also can block implantation of the early embryo in the uterine wall. The latter effect would cause an abortion.

Considered by the federal government to be emergency contraception, “ella” is more closely related to the abortion drug RU 486, according to pro-life organisations. Like RU 486, it blocks production of the hormone progesterone, destroying the placenta that provides nutrition to the embryo and causing the tiny, unborn child’s death. Ella also can block implantation.

The Becket Fund and the Alliance Defense Fund represented a pharmacy and two pharmacists in the lawsuit against the state of Washington.