Sycamore pharmacist Tom O’Shea is co-owner of one of five Illinois pharmacies that filed a joint suit against Illinois Gov. Rod Blagojevich for a mandate that requires pharmacies to dispense contraceptives and similar items “without delay.”

Americans United for Life, a Chicago-based public-interest firm with expertise in abortion and infanticide cases, filed suit on behalf of the pharmacists.

The five owners believe the rule is a violation of rights under the Illinois Health Care Right of Conscience Act, because it forces pharmacy owners who do not want to dispense the Plan B contraceptive drug and other contraceptives to act against ethical and moral beliefs. The suit also challenges Blagojevich’s ability to require health care providers to violate beliefs or choose another profession.

Moral objections to the law

Despite Blagojevich’s ruling and a call from the Illinois Health Department, O’Shea refuses to fill Plan B contraceptive prescriptions at his pharmacy, Eggleston’s Pharmacy, because he does not support the drug for ethical and religious reasons.

“I’m Catholic and I believe that life starts at conception,” O’Shea said. “We just don’t want to be involved, and we don’t mean to judge or embarrass anyone.”

The customer always has the option to go to another pharmacy, O’Shea contended.

“You’re free to choose, and the doctor is free to choose. You are free to go to another doctor, and you are free to go to another pharmacy,” he said.

The case is pending, but O’Shea said the five pharmacy owners are determined to uphold their views.

“If it came down to it, we would sell no contraceptives, but I hope it doesn’t go that far,” he said.

State law v. personal rights

If Blagojevich’s ruling is allowed, Americans United for Life believes the rights of conscience of all pharmacists and other health care providers in the state are in jeopardy.

“This suit is a fight to defend private individuals’ right to be free from this governor’s coercive and politically motivated action. If pharmacy owners can be compelled to participate in acts they find morally objectionable, then other business owners and individuals can only wonder what government action will come for the next,” said Edward Martin, an attorney and Director of the Center for the Rights of Conscience at Americans United for Life.

Concerns for patients’ freedom

Joe Smulkaitis, a pharmacist at Medical Arts Pharmacy, 625 Bethany Road in DeKalb, said he doesn’t believe ethics should be involved in the pharmaceutical business and is holding judgment on how the governor’s rule is going to affect business.

“I leave my ethics at home because it’s not for me to preach to customers. I leave it up to them to decide and I remember that I took this job to help patients,” Smulkaitis said.

Customers at Eggleston’s Pharmacy have been both judgemental and supportive of this issue.

“We lost a customer and a potential customer, but we have a lot of support and I think they believe we’re doing the right thing,” O’Shea said.

O’Shea said a customer who doesn’t know he will not fill the Plan B emergency contraceptive will be informed, but believes the doctors will direct the patient to another pharmacy.

O’Shea’s two business partners, Luke and Joan Vander Bleek, also own two pharmacies in Whiteside and Cook counties which operate under the same policy.