I think your premise that the government cannot legally regulate what is sold by licensed businesses is flawed. In the case of service station owners, some may feel it’s wrong to add ethanol to gasoline, or that it’s wrong to add anti-gel additives to diesel. Nonetheless, they are required to do so, depending on the jurisdiction.
I will agree that the government can regulate stuff as long as it’s about protecting the safety of others - but that’s it. That’s where the government’s rights stop. The government can ban grocery stores from selling infected poultry meat or chives infected with salmonella, that sort of thing. I don’t know why they add antigel additives to diesel, but if it’s about protecting the consumers or even their engines from damage, I can see the legitimacy of regulations. There’s a parallel here with the pharmaceutical products - the FDA regulates the necessary purity of active ingredients in pharmaceutical preparations, as well as certain other characteristics like the absence of bacteria and pyrogenic (fever-producing) components in injectable preparations and ophthalmic products, etc. This is all about protecting the patients, and I’m not one to question the wisdom and legitimacy of such regulations.
But when it comes to the state trying to force me, the pharmacist, to sell a harmful product that sickens people by rendering perfectly healthy folks infertile, or worse, deliberately kills the unborn human persons in the wombs of their mothers, that’s a whole different issue. That’s an attack on my professional ethical standards, and it also happens to be an attack on my right to choose which products I will stock and sell in my pharmacy.
On the ethical level, I have a devastating case against the immoral murderous tyrants like Illinois Gov. Rod Blagojevich, or Washington state Gov. Christine Gregoire, who didn’t stop at merely supporting abortion and contraception, but passed unjust laws that tried to force pharmacists to participate in these crimes by forcing the pharmacists to stock and sell abortive and contraceptive drugs and devices. As a professional I am on the side of protecting my patients and their unborn children. But on which side are Rod Blagojevich, and Christine Gregoire?
They are on the side of making healthy people sick and on the side of killing babies - while I am on the side of protecting people. Enough said…
Although in terms of gravity it’s secondary to the evil of harming people with infertility-inducing contraceptives and killing unborn babies with abortive drugs, let’s address the issue of whether the government can force me to sell a product I’m not willing to sell. Can the government force my local gas station to sell beer, just because I the consumer want easy access to beer? As far as I know, the government can’t force the gas station to sell beer. Regarding your example of ethanol-containing gasoline, are you sure the government is forcing anyone to blend ethanol into gasoline? Or is it the gas stations’ own business decision to add ethanol to gasoline, whenever it makes sense from a business standpoint?
Can the government force my local newsstand to carry and sell any newspapers or magazines this business is unwilling to stock and sell? Again, the answer is no. The government can’t force the newstand to sell the Playboy, or even the New York Times, for that matter.
And the situation is similar with pharmacies. The government can’t force pharmacies to sell certain drugs just because the government thinks that they should sell them. Now, there are a handful of life-saving medicines that are an exception and pharmacies are required to stock them, but we are talking about life-saving medicines (e.g. antidotes) needed in emergency situations, and abortive/contraceptive drugs are not life-saving medicines. Anything outside that shortlist of life-saving medicines is up to the pharmacist to decide, and the state has no right to mandate that a pharmacy should stock it.
This has been the status quo for decades all over the USA, until Rod Blagojevich in Illinois and Christine Gregoire in Washington state tried to change the status quo by forcing pharmacies to stock (and forcing pharmacists to dispense) abortive and contraceptive drugs. But both of those laws passed in Illi. and Wash. states have been shot down by judges, and with good reason: the laws are unconstitutional. Nowhere does the constitution say that the government can dictate businesses what kind of products to sell and what kind of services to provide.