The Corner

Re: Pharmacies

Ramesh’s point is well taken. The key here, I believe is that (like it or not) the morning-after pill is a legal product. Were Eckerd requiring its employees to commit illegal activity — perhaps, say, prescribe a combination of drugs for the purpose of inducing an abortion when doing so was illegal, albeit never prosecuted — then it would be a completely different story. I also recognize that the position I am espousing suggests that private employers should not have to tolerate the religious practices or beliefs of their employees where it contradicts a reasonable company policy (in this case, Eckerd’s desire to make all legal pharmaceuticals available to its customers).

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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