Pharmacists Sue State Over ‘Morning-After Pill’ Requirement

Pharmacists Sue State Over ‘Morning-After Pill’ Requirement

SEATTLE — Pharmacists have sued Washington state over a new regulation that requires them to sell emergency contraception, also known as the “morning-after pill.”

In a lawsuit filed in federal court Wednesday, a pharmacy owner and two pharmacists say the rule that took effect Thursday violates their civil rights by forcing them into choosing between “their livelihoods and their deeply held religious and moral beliefs.”

“The stakes really couldn’t be much higher,” plaintiffs’ attorney Kristen Waggoner said.

The state ruled earlier this year that druggists who believe emergency contraceptives are tantamount to abortion cannot stand in the way of a patient’s right to the drugs.

The state’s Roman Catholic bishops and other opponents predicted a court challenge after the rule was adopted, saying the state was wrongly forcing pharmacists to administer medical treatments they consider immoral.

Democratic Gov. Chris Gregoire, who brokered a compromise on the contraceptive rule and pressured the state Board of Pharmacy to adopt it, stood behind the regulation Thursday.

“Gov. Gregoire feels the Pharmacy Board went through an extensive public process to come to their decision, and she supports them,” spokesman Lars Erickson said.

The plaintiffs are pharmacists Rhonda Mesler and Margo Thelen, and Stormans Inc., the owners of Ralph’s Thriftway in Olympia, a grocery store that includes a pharmacy.

Under the new state rule, pharmacists with personal objections to a drug can opt out by getting a co-worker to fill an order. But that applies only if the patient is able to get the prescription in the same pharmacy visit. . . .

Advertisement

The Amicus Curiae Submitted to the Supreme Court by the Holy Orthodox Church

An Orthodox View of Abortion:

The Holy Orthodox Church respectfully submits this brief amicus curiae on behalf of itself and its members.

INTEREST OF AMICUS CURIAE

The Holy Orthodox Church was founded by Jesus Christ and the Apostles, and bears witness to that continuous and unbroken faith. The precepts of the Orthodox Christian faith mandate the protection of innocent human life, especially that of unborn children. The Church regards abortion as murder, and as such, takes a very active role in opposing legalized abortion. That the issue of abortion has both a moral and a legal dimension to it, is indisputable. However, this cannot in any way be equated to an assertion that the two aspects are disparate, or unrelated. Rather, the two have historically been intertwined; it must be recognized that laws have traditionally been positive expressions of moral norms.

The Framers of the Constitution discerned a divine presence not only in daily living, but as reflected in the Constitution itself. “It is impossible for any man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolutionary.” That is, a law must of its very nature have a moral component to it, which cannot be divorced from the law itself.

Legal precepts, particularly those of constitutional proportions, simply cannot be judged in a vacuum. This notion not only predates the Constitution; it is at the very heart of our civilization. The foundations of our morality can be found in the dawn and early morning light of the Judeo-Christian tradition, of which the Orthodox Church is a unique custodian. From its inception nearly two thousand years ago, it has never deviated from its condemnation of abortion, based on numerous scriptural references and the teaching of the Holy Fathers of the Church. The Church regards the Roe v. Wade decision as a gruesome turn on the road of judicial activism, having resulted in a holocaust which has claimed at least twenty million innocent lives.

STATEMENT OF THE CASE AND STATEMENT OF FACTS

Amicus curiae adopts the statement of the case and the statement of the facts as set out in the Appellants? Brief.

SUMMARY OF ARGUMENT

In this case, the Holy Orthodox Church seeks to restore to our nation’s law the highest principle which a civilized society can espouse?the recognition that all human life is sacred. In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court relied heavily upon its presentation of historic Christianity’s teaching and practices. The assertions made in Roe were erroneous, and have no foundation in the church’s traditions. Rather than being ambivalent, or even condoning abortion, as suggested by the Roe Court’s opinion, historic Christianity has always condemned abortion as murder, without regard for any distinctions as to fetal development or viability.

The Roe Court also blurred the factual question of when life begins with the distinct legal question of what constitutional value attends to that life. The resulting confusion has tied the hands of legislators, and elevated abortion to the status of a near-absolute right. Unless this Court takes judicial notice, the factual question of when life begins is properly a subject for legislative findings. The strictly legal question of a life’s constitutional value is the clear issue before this Court, as the State of Missouri has made an appropriate factual determination.

Science and history both mandate a conclusion that human life and constitutional personhood are coextensive, and any other result is without foundation in American jurisprudence. Consequently, the Holy Orthodox Church urges this Court to overrule Roe v. Wade, and accord full constitutional protection to all human life beginning at conception.

Read it all at the link above.

Office for the Victims of Abortion

The Order of the Office of Prayer and Supplication for the Victims of Abortion
Prayed to our Lord and God and Savior Jesus Christ

(The Priest and Deacon take their places before the Icon of Christ placed in the center of the Temple or other suitable place. The Priest is vested in Riassa and Epitrachilion and the Deacon in Sticharion and Orarion.)

Priest:
Blessed is our God always, now and ever, and unto ages of ages.

People:
Amen.

Reader:
Holy God, Holy Mighty, Holy Immortal, have mercy on us.
Holy God, Holy Mighty, Holy Immortal, have mercy on us.
Holy God, Holy Mighty, Holy Immortal, have mercy on us.

Glory to the Father, and to the Son, and to the Holy Spirit.
Now and ever, and unto the ages of ages. Amen.

All-Holy Trinity, have mercy on us. O Lord, cleanse us from our sins. O Master, pardon our transgressions. O Holy One, visit and heal our infirmities for Thy Name’s sake.

Lord, have mercy. Lord, have mercy. Lord, have mercy.

Glory to the Father, and to the Son, and to the Holy Spirit.
Now and ever, and unto the ages of ages. Amen.

Our Father, who art in heaven, hallowed be Thy Name. Thy Kingdom come. Thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our trespasses, as we forgive those who trespass against us, and lead us not into temptation, but deliver us from evil.

Priest:
For Thine is the Kingdom, and the power, and the glory: of the Father, and of the Son, and of the Holy Spirit. Now and ever, and unto the ages of ages.
Continue reading “Office for the Victims of Abortion”

The Church Fathers and Ancient Councils on Abortion

[Note: This is also posted here.]

The Canons of the Council of Ancyra (which canons were accepted and received by the ecumenical synods)
Canon XXI.
Concerning women who commit fornication, and destroy that which they have conceived, or who are employed in making drugs for abortion, a former decree excluded them until the hour of death, and to this some have assented. Nevertheless, being desirous to use somewhat greater lenity, we have ordained that they fulfil ten years [of penance], according to the prescribed degrees.

The Constitution of the Holy Apostles
Book VII.
Concerning the Christian life, and the Eucharist and Initiation into Christ
Sec. I
III. Thou shall not slay thy child by causing abortion, nor kill that which is begotten; for “everything that is shaped, and has received a soul from God, if it be slain, shall be avenged, as being unjustly destroyed.”

The Didache
(The Teaching of the Twelve Apostles)
CHAP. II.–The Second Commandment: Gross Sin Forbidden
And the second commandment of the Teaching; Thou shalt not commit murder, thou shalt not commit adultery, thou shalt not commit paederasty, thou shalt not commit fornication, thou shalt not steal, thou shalt not practise magic, thou shalt not practise witchcraft, thou shalt not murder a child by abortion nor kill that which is begotten.

Athenagoras of Athens
Apology for the Christians
Chap. XXXV.–The Christians Condemn and Detest All Cruelty
What man of sound mind, therefore, will affirm, while such is our character, that we are murderers? For we cannot eat human flesh till we have killed some one. The former charge, therefore, being false, if any one should ask them in regard to the second, whether they have seen what they assert, not one of them would be so barefaced as to say that he had. And yet we have slaves, some more and some fewer, by whom we could not help being seen; but even of these, not one has been found to invent even such things against us. For when they know that we cannot endure even to see a man put to death, though justly; who of them can accuse us of murder or cannibalism? Who does not reckon among the things of greatest interest the contests of gladiators and wild beasts, especially those which are given by you? But we, deeming that to see a man put to death is much the same as killing him, have abjured such spectacles. How, then, when we do not even look on, lest we should contract guilt and pollution, can we put people to death? And when we say that those women who use drugs to bring on abortion commit murder, and will have to give an account to God s for the abortion, on what principle should we commit murder? For it does not belong to the same person to regard the very foetus in the womb as a created being, and therefore an object of God’s care, and when it has passed into life, to kill it; and not to expose an infant, because those who expose them are chargeable with child-murder, and on the other hand, when it has been reared to destroy it. But we are in all things always alike and the same, submitting ourselves to reason, and not ruling over it.

The Epistle of Barnabas
Chap. XIX.–The Way of Light
The way of light, then, is as follows. If any one desires to travel to the appointed place, he must be zealous in his works. The knowledge, therefore, which is given to us for the purpose of walking in this way, is the following. Thou shalt love Him that created thee: thou shalt glorify Him that redeemed thee from death. Thou shalt be simple in heart, and rich in spirit. Thou shalt not join thyself to those who walk in the way of death. Thou shalt hate doing what is unpleasing to God: thou shalt hate all hypocrisy. Thou shalt not forsake the commandments of the Lord. Thou shalt not exalt thyself, but shalt be of a lowly mind. Thou shalt not take glory to thyself. Thou shalt not take evil counsel against thy neighbour. Thou shalt not allow over-boldness to enter into thy soul. Thou shalt not commit fornication: thou shalt not commit adultery: thou shalt not be a corrupter of youth. Thou shalt not let the word of God issue from thy lips with any kind of impurity. Thou shalt not accept persons when thou reprovest any one for transgression. Thou shalt be meek: thou shalt be peaceable. Thou shalt tremble at the words which thou hearest. Thou shalt not be mindful of evil against thy brother. Thou shalt not be of doubtful mind as to whether a thing shall be or not. Thou shalt not take the name of the Lord in vain. Thou shalt love thy neighbour more than thine own soul. Thou shalt not slay the child by procuring abortion; nor, again, shalt thou destroy it after it is born. Thou shalt not withdraw thy hand from thy son, or from thy daughter, but from their infancy thou shalt teach them the fear of the Lord.

St. Basil the Great
Letter CLXXXVIII.: (Canonica Prima.) To Amphilochius, concerning the Canons.
VII. On the other hand acts done in the attacks of war or robbery are distinctly intentional, and admit of no doubt. Robbers kill for greed, and to avoid conviction. Soldiers who inflict death in war do so with the obvious purpose not of fighting, nor chastising, but of killing their opponents. And if any one has concocted some magic philtre for some other reason, and then causes death, I count this as intentional. Women frequently endeavour to draw men to love them by incantations and magic knots, and give them drugs which dull their intelligence. Such women, when they cause death, though the result of their action may not be what they intended, are nevertheless, on account of their proceedings being magical and prohibited, to be reckoned among intentional homicides. Women also who administer drugs to cause abortion, as well as those who take poisons to destroy unborn children, are murderesses. So much on this subject.

The Canons of St. Basil
Canon II
Let her that procures abortion undergo ten years’ penance, whether the embryo were perfectly formed, or not.
Canon VIII
But the man, or woman, is a murderer that gives a philtrum, if the that takes it die upon it; so are they who take medicines to procure abortion; and so are they who kill on the highway, and rapparees.

St. Jerome
Letter XXII: To Eustochium
13. Some go so far as to take potions, that they may insure barrenness, and thus murder human beings almost before their conception. Some, when they find themselves with child through their sin, use drugs to procure abortion, and when (as often happens) they die with their offspring, they enter the lower world laden with the guilt not only of adultery against Christ but also of suicide and child murder.

St. John Chrysostom
Commentary on the Epistle to the Romans
XXIV: You see how drunkenness leads to whoredom, whoredom to adultery, adultery to murder; or rather to a something even worse than murder. For I have no name to give it, since it does not take off the thing born, but prevent its being born.(2) Why then dost thou abuse the gift of God, and fight with His laws, and follow after what is a curse as if a blessing, and make the chamber of procreation a chamber for murder, and arm the woman that was given for childbearing unto slaughter?

Tertullian
Treatise on the Soul
Chap. XXXVII.–On the Formation and State of the Embryo. Its Relation with the Subject of this Treatise
Now the entire process of sowing, forming, and completing the human embryo in the womb is no doubt regulated by some power, which ministers herein to the will of God, whatever may be the method which it is appointed to employ. Even the superstition of Rome, by carefully attending to these points, imagined the goddess Alemona to nourish the foetus in the womb; as well as (the goddesses) Nona and Decima, called after the most critical months of gestation; and Partula, to manage and direct parturition; and Lucina, to bring the child to the birth and light of day. We, on our part, believe the angels to officiate herein for God. The embryo therefore becomes a human being in the womb from the moment that its form is completed. The law of Moses, indeed, punishes with due penalties the man who shall cause abortion, inasmuch as there exists already the rudiment of a human being, which has imputed to it even now the condition of life and death, since it is already liable to the issues of both, although, by living still in the mother, it for the most part shares its own state with the mother.

The Canons of the Council in Trullo (The Quinisext Council)
Canon XCI.
Those who give drugs for procuring abortion, and those who receive poisons to kill the foetus, are subjected to the penalty of murder.

An Outrage Such as This Renders One Speechless at the Utter Lack of Christian Charity

This–Outrage as Church backs calls for severely disabled babies to be killed at birth–is making the rounds of the internet (I’ve seen it at four or five different sites already).

The lede:

The Church of England has broken with tradition dogma by calling for doctors to be allowed to let sick newborn babies die.

Christians have long argued that life should preserved at all costs – but a bishop representing the national church has now sparked controversy by arguing that there are occasions when it is compassionate to leave a severely disabled child to die.

And the Bishop of Southwark, Tom Butler, who is the vice chair of the Church of England’s Mission and Public Affairs Council, has also argued that the high financial cost of keeping desperately ill babies alive should be a factor in life or death decisions.

Lest you think this is a misquote or misleading summary, listen to the following:

In the Church of England’s contribution to the inquiry, Bishop Butler wrote: “It may in some circumstances be right to choose to withold or withdraw treatment, knowing it will possibly, probably, or even certainly result in death.”

The church stressed that it was not saying some lives were not worth living, but said there were “strong proportionate reasons” for “overriding the presupposition that life should be maintained”.

The bishop’s submission continued: “There may be occasions where, for a Christian, compassion will override the ‘rule’ that life should inevitably be preserved.

“Disproportionate treatment for the sake of prolonging life is an example of this.

The church said it would support the potentially fatal withdrawal of treatment only if all alternatives had been considered, “so that the possibly lethal act would only be performed with manifest reluctance.”

Yet the Revd Butler’s submission makes clear that there are a wide range of acceptable reasons to withdraw care from a child – with the cost of the care among the considerations.

“Great caution should be exercised in brining questions of cost into the equation when considering what treatment might be provided,” he wrote.

“The principle of justice inevitably means that the potential cost of treatment itself, the longer term costs of health care and education and opportunity cost to the NHS in terms of saving other lives have to be considered.”

The church also urges all the parties involved in care for critically ill babies should be realistic in their expectations, demands, and claims.

Horrifying. Nauseauting. Infuriating . . . that this man would claim to represent Christian thought. He’s a disgrace and should be deposed.

Endorsing Infanticide

From the WT Call for debate on infant euthanasia

Nov. 6, 2006 at 9:25AM

Britain’s Royal College of Obstetrics and Gynecology has called for debate on whether to allow euthanasia of severely disabled newborns.

The college says there is some support for the move by some parents, medical ethicists and geneticists, Britain’s Independent reports.

In a request to the Nuffield Council on Bioethics, the college says active euthanasia should be considered for the overall benefit of families, who would otherwise suffer years of emotional and financial stress.

“A very disabled child can mean a disabled family,” the college writes in its letter to the council.

“We would like the working party to think more radically about non-resuscitation, withdrawal of treatment decisions, the best interests, tests and active euthanasia,” the letter says.

In the Netherlands, active euthanasia of newborns is allowed in certain instances such as severe cases of spina bifida.

Dr. Pieter Sauer, co-author of the Netherlands’ guidelines for infant euthanasia, says British medics are already carrying out mercy killings and should be allowed to do so in the open.

Let’s just call it what it is: infanticide.