Wisconsin Appeals Court Upholds Sanctions Against Fired Pro-Life Pharmacist

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Using your logic: if you won’t do abortions, you shouldn’t be a doctor. Flawed logic.
Actually, no. A doctor can choose not to work at an abortion clinic. A private practice can choose what procedures they do. A pharmacist that owns their own pharmacy can sell whatever they please.

A doctor can’t expect to work in a women’s health clinic and not do abortions unless that arrangement was agreed upon prior to employment. A clinic could choose to accommodate this doctor or they could choose to hire a different one.

It is really difficult to compare an MD to a pharmacist (at least in the United States). Especially one working at a discount store pharmacy.

It all comes down to where the line is drawn. If an MD can refuse, so can the pharmacist, then so can the receptionist and so can the building superintendent. Can a Catholic boiler operator at the power plant refuse to stoke the boiler because the electricity generated might be used to perform an abortion? It quickly becomes absurd.

It really is about the relationship between the employer and employee. If the employer chooses to accommodate the pharmacist (something many do choose to do) then they agree on a procedure to meet both of their needs.

In this case, the pharmacist chose to inhibit a woman from obtaining a legally prescribed contraceptive. This was a violation of the code of conduct and now he must suffer the consequences. Or become an accountant.

Nohome
 
And after reading your unAmerican posts, I am convinced we can pretty much dismiss anything you say.

Nohome
In you version of America, I take that as a compliment and confirmation that I am right.
 
In this case, the pharmacist chose to inhibit a woman from obtaining a legally prescribed contraceptive. This was a violation of the code of conduct and now he must suffer the consequences. Or become an accountant.

Nohome
regarding “suffering the consequences”, I’d rather suffer them here on earth than after this life…

Matthew 5:10-12

Blessed are they who are persecuted for the sake of righteousness, for theirs is the kingdom of heaven.

Blessed are you when they insult you and persecute you and utter every kind of evil against you (falsely) because of me.

Rejoice and be glad, for your reward will be great in heaven. Thus they persecuted the prophets who were before you.
 
It must hold true under your position that anything made into law would be okay because that is the law- whether it is in contradiction to the overall good for mankind or not.
Not at all, I just happen to believe that this particular verdict strikes me as morally just. The women had both the legal right and the personal desire to be on this contraception. For somebody to deliberately take that from her is shameful, cheap and illegal.
Through your stance that the woman has a law-based secular “right” to have her prescription filled, that people have the “right” to take birth control because it is legal, and your belief that- just because it is legal trumps all else, you yourself espouse unto others the religion of “man made law” over the natural laws of our Creator.
I don’t know what I said to give you this impression. It’s not only the correct verdict legally, it’s the correct verdict morally.
What you don’t righteous indignation want others to do, you precisely want to do- blah blah blah impose a secular brand of “religion” on those who believe otherwise, a bunch of white noise just because it is popularly mandated for a period of time. Laws change and many shout, holler court decisions are based defiantly in opposition to the constitution and for reasons of personal greed.
And telling others “if they don’t like it, they can live somewhere else” is also in direct oposition to your stance.
Why don’t you stick to things I actually have said, lest you accuse me of something false and cheapen your character.
One cannot honestly deny that this country was founded in principle to and in accordance with God’s natural laws, primarily by Christians and for God-fearing peoples.
Oh yes I can. The founding fathers were deists.
As such, I don’t think you could possibly agree that the founding fathers had birth control and abortion in mind as constitutionally protected “freedoms” as they wrote the declaration.
They also didn’t manage to outlaw slavery originally, either.
The question I ask you is this: Where do your beliefs stop? If life terminating pills and abortions are okay and if birth control over abstinence is okay because all are “legal”, will legalized euthanasia be okay, would legalized infanticide be okay, would human cloning be okay?
Legalized euthanasia should be legal in two instances: a spouse is in a coma, likely to never awaken again and if a senior citizen would desire it.

Infanticide, of course not.

Human cloning, I would say no but it’s a very layered issue.
How about legalized prostituation and marijuana?
Yes.
Once these are legal, is there any point where a law might seem to be morally objectionable and offensive to you
Yes.
If the government of these United States of America passed any law, would you still support it, no matter how grossly that law might disregard human life or the dignity of many?
No.
I can’t believe that anyone could hold true that man made laws should always trump God’s laws no matter what.
That isn’t what is going on here. As an atheist I don’t believe in gods laws, I’m making a moral call all by myself.
A common moral stance must be taken for the people’s own good as a whole. That stance always must be in conformity with God’s natural law. There is only one truth.
You’re a theocrat, then.
 
regarding “suffering the consequences”, I’d rather suffer them here on earth than after this life.
Actually, this I could respect. It would show principle, character and conviction.

What irks me are these pharmacists that insist on accepting a paycheck from an employer and demanding that the rules be changed to meet their needs. If a news article was titled “Kmart pharmacist quits over birth control”, my post here would say “more power to him” as it would show some character.

As it stands, these objectors are just looking like whiners.

Nohome
 
Maybe I missed it but did it say what the contraceptive was for?

Sometimes Birth Control pills are prescribed for other reasons that have nothing to do with contraception.

For everyone getting on a high horse perhaps the pharmacist should have just done Christian Charity which as I understand it is to assume the best case scenario when you don’t know.

It comes down to this. If you can’t do the job due to your religion, do not work there. I’m sure this person can find work at another Pharmacy that will allow for his views.
 
Nohome, I know how the laws work…I am a police officer. I also work for a university police department. The university system has its own rules, such as not allowing people with concealed weapons permits to carry them on campus. Well, LEGALLY they can carry them on campus without facing any prosecution. However, the university can kick them out, impose penalties on them if they are a student, faculty or staff or tell someone not to come back if they are not a student. But they cannot face legal prosecution for carrying a gun if they have a concealed permit. This whole thing with the pharmacist is much the same–he may have violated the rules of his organization, but not any law of the state or country.

It would seem you have a misunderstanding of exactly what law is and how it works. Organization rules and regulations are not law. I have repeatedly asked for you to cite me which law was broken by the pharmacist and you have only quoted the article saying that the board’s decision was upheld–in a CIVIL court. If he broke a law, then this would not be a civil matter, but it is.

In Christ,
Rand
 
This was a violation of the code of conduct and now he must suffer the consequences. Or become an accountant.
I thought he violated the law…now you admit it was only a code of conduct violation? Like what I’ve been saying the whole time?

In Christ,
Rand
 
I agree, I posted earlier about whether it is “illegal” to violate a contract or agreement made between employer and employee, and here that is a factual matter involving the specifics of this pharmacists relationship with the pharmacy. He didn’t break any law.

And from a Catholic perspective, not only does he not have the legal or moral responsibility to provide the woman with birth control, he actually has the moral responsibility not to provide them, or he would be guilty of facilitating sinful behavior (contraceptive sex) and the possibility of the abortion, if this particular form of birth control has the secondary effect of being an abortifacient.

And yes, he faces the consequences of his employer having the right to fire him. Its easy to forget, living in a society that consistently tells us its fine to have faith if you leave it at home, that faith is something that, in order to be real, must permeate your whole life. Otherwise its like a mild form of schizophrenia, beholden to the ideals of the world during the day, and returning to different set of ideals every night. We are called to die to ourselves - “It is not I who lives, but Christ in me” - and being willing to lose your job should presumably be part of that.

The martyrs were willing to lose their lives for Christ. God give us such faith, such strength. I know that I would, and do often, bow to fear of the threat of much less than death. We have such a hard time risking even things as insignificant as our reputations, let alone our jobs. Not that keeping one’s livelihood, and providing for a family, etc, isn’t important, but whats ultimately the most important thing if it isn’t following Christ in all matters? We’re supposed to believe that God will provide, and obviously thats really hard. Let’s thank God, and pray for this man that he had the courage to lay down his life for the Truth, a courage that most of us lack.

In Christ,

JW
 
Nohome, I know how the laws work…I am a police officer.
Too easy, I’ll leave that one alone.😃
This whole thing with the pharmacist is much the same–he may have violated the rules of his organization, but not any law of the state or country.
This is where you fall off the bus. In addition to civil law, there is this thing called ADMINISTRATIVE LAW. That is what the Wisconsin Board of Pharmacy follows. This pharmacist went before an ADMINISTRATIVE court.
It would seem you have a misunderstanding of exactly what law is and how it works.
More like you slept too much in civics class.
Organization rules and regulations are not law.
Perhaps you don’t understand the difference between law (statutory) and rules (regulatory). The State of Wisconsin passed laws for the licensing of pharmacist. Then they established a board to promulgate rules. The Board of Pharmacy is not an organization, it is an administrative agency of the State of Wisconsin.
I have repeatedly asked for you to cite me which law was broken by the pharmacist and you have only quoted the article saying that the board’s decision was upheld–in a CIVIL court.
I’m only going to say this once more. This WAS NOT a CIVIL case, it was an ADMINISTRATIVE case. Go back and ask your eigth grade teacher the difference.

You want law? Fine. Look up Administrative Order LS0310091PHM in the State of Wisconsin. You can read the whole case (like I did) or just scroll down to the part titled CONCLUSION OF LAW. There you will find the law (Wis. Stat. § 450.10) that clearly states that the Pharmacy Examining Board has jurisdiction over this matter. Then it will tell you what rules were violated (Adm. Code § Phar 10.03(2)).

I hope you are happy now.

Nohome
 
I thought he violated the law…now you admit it was only a code of conduct violation? Like what I’ve been saying the whole time?

In Christ,
Rand
Read my other post. Code in this case is another word for rule, backed by the authority of law granted by the State of Wisconsin.

You’ve met your Waterloo, now get back to those doughnuts!😃

Nohome
 
Not at all, I just happen to believe that this particular verdict strikes me as morally just. The women had both the legal right and the personal desire to be on this contraception. For somebody to deliberately take that from her is shameful, cheap and illegal…
First of all, Tom, I greatly appreciate this conversation with you and your sharing of thoughts. I believe you and I both share a common struggle in our humanly imperfection. That is, while you may struggle in your disbelief being tempted with belief, I often struggle in my belief being tempted with disbelief. None of us are perfect.

That being said, I might suggest that morals and morality have nothing to do with the woman’s “legal right” or “desire” to be on contraception. Morality is the conformity to right human judgement. That right judgement has to originate from somewhere, or someone who deems it right and conformity therein implies oneness. Otherwise, morality would be subjective just like opinion.
I don’t know what I said to give you this impression. It’s not only the correct verdict legally, it’s the correct verdict morally.
Again, the verdict cannot be right from a moral standpoint if it allows something against conformity to right judgement.
Why don’t you stick to things I actually have said, lest you accuse me of something false and cheapen your character.
I deeply apologize if I mistook some else’s words as your own. I thought you had stated, again paraphrasing, that if certain posters here didn’t like the laws of this country, they could go live in a theocracy like Iran, etc…
Oh yes I can. The founding fathers were deists.
The founding fathers believed in God and this is plainly demonstrated in my posts from yesterday. George Washington’s speech: "Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor … . "

If you research historical writings and opinions from them, you will see the plain evidence of their belief in God.

The simple truth is that the founding fathers saw no dire need to write this in stone in the constitution, there was no impending threat to Christianity as they set up the laws of the country. They were, however, unified in right judgement. I think (pure speculation, of course) many of them are rolling over in their graves, wishing they had been less ambiguous on the matter.

True, they did not want a theocracy whereby Religious orders controlled the election of appointed officials etc, I believe they never saw a threat to the Christian way of life, at least nothing like the magnitude of what plagues us today.
They also didn’t manage to outlaw slavery originally, either.
Very true, but morality through conformity to right judgement has changed that for the better, hasn’t it?
Legalized euthanasia should be legal in two instances: a spouse is in a coma, likely to never awaken again and if a senior citizen would desire it.
We’ll have to agree to disagree here. I hold that life is a precious gift from our creator. He alone should hold the power to give life and take it away. This goes for the death penalty too.

You believe in leagized marijuana, how about legalized herion? You may not think so, but if somebody else does and desires to use it, would that make it socially acceptable if a law was passed because the majority thought so? The point I’m trying to make is that you want to allow the world to exist through the judgement of your opinion of morality all by yourself, but in that regard, everybody’s opinion differs. So who is right and how are we unified? It might be a tough pill to swallow but we do need conformity to a higher standard. (sorry for the pun)
That isn’t what is going on here. As an atheist I don’t believe in gods laws, I’m making a moral call all by myself.
Are John Wayne Gacy, Ted Bundy and Hitler, Stalin and Pol Pott entitled to make any moral call by themselves that they see fit to make? Gacy and Bundy broke nationally established “laws”, but Hitler, Stalin and Pol Pot didn’t…
You’re a theocrat, then.
No, I am not a theocrat.

I believe God gave us dominion over the earth and all of creation and that we can govern ourselves based off of the principles of right judgement, established by Him, not by whatever whim of individual morality any human being feels entitled to. We need a higher standard.

I do not believe the Church should be the governing body and should decide who holds office and how the government runs or should thereby mandate a specific religion.

However, I hold that people in governmental positions need to be bound by right judgement and morality thereto as set forth by our Creator. Obviously, many, many of the laws of this land simply don’t work effectively and by themselves are not sufficient to reign-in mankind’s inclination towards sinful desires.

Somewhere along the line, people need confomity and unity in community otherwise, “all hell breaks loose”. I believe that was the intent of the founding fathers, not what we have today where anything goes as long as someone feels entitled to it and it doesn’t directly seem to hurt someone else- like the way prostitution damages the dignity of the individual who decides to partake in it but doesn’t appear to cause “physical pain” to another human being…

I love you because you were created by God and for God and in His eyes, you are precious. I know He wants me to love you and thus I do. I know you do not hold true to this belief system but know my hope and prayers for peace and harmony remain for you.
 
Actually, this I could respect. It would show principle, character and conviction.

What irks me are these pharmacists that insist on accepting a paycheck from an employer and demanding that the rules be changed to meet their needs. If a news article was titled “Kmart pharmacist quits over birth control”, my post here would say “more power to him” as it would show some character.

As it stands, these objectors are just looking like whiners.

Nohome
I would agree with you on the principal that the pharmacist could use better judgement. This country has become ridiculously litigant because everyone wants what they want.

I have a Dr. friend who quit taking Medicare and privatized his practice because of federally mandated requirements to provide information on contraception, abortion and “family planning”. (what an oxymoron that is…) It hurt his pocketbook, but he put his money where his mouth is.

Unfortunately, though, this country no longer applies right judgement in making and interpreting its laws, as originally intended by the founding fathers. So, individuals of all types are left fending for themselves and we have a free-for-all of belief system fighting for power, instead of unity.
 
Too easy, I’ll leave that one alone.😃
Yeah, too easy…because it’s not like I’ve studied a lot of criminal law or anything. But you just can’t help but make those snide comments, can you?
Read my other post. Code in this case is another word for rule, backed by the authority of law granted by the State of Wisconsin.

You’ve met your Waterloo, now get back to those doughnuts!😃

Nohome
I actually don’t eat doughnuts, but I’m glad to see that you have now resorted to insults. Where exactly does your knowledge of the law come from? Your internet reading?

The pharmacy board has authority to regulate who is licensed…that is as far as their authority goes. It is a legal authority, yes, which is why the court upheld the decision that the board made. But it doesn’t mean that the pharmacist violated “United States law”. My point was that the pharmacist did not do anything criminal. I already said that the court upheld that he violated a rule of the organization, but it was not a crime like people are making it out to be on here. That was the reason I used the word “civil”, because most people are familiar with it and it is understood to be different than criminal.

And also, I am obviously not the only one that views this case this way–the pharmacists lawyers also view it like I do. So why don’t you call them up and tell them about their “Waterloos”.:rolleyes:

I would hope that you can grow up a little and keep from throwing out insults in your next post.

In Christ,
Rand
 
Yeah, too easy…because it’s not like I’ve studied a lot of criminal law or anything. But you just can’t help but make those snide comments, can you?
Not when someone begs to be made a fool.
Where exactly does your knowledge of the law come from? Your internet reading?
As an environmental engineer, I constantly work with law and lawyers. I also have access to lexisnexis, so I read a lot of law.
The pharmacy board has authority to regulate who is licensed…that is as far as their authority goes.
You are wrong, but you’ve been proved wrong enough for one day.
It is a legal authority, yes, which is why the court upheld the decision that the board made.
Wrong again. The Board didn’t make the initial decision. An administrative law judge did. Then the Board imposed the sanctions as directed by the courts. The pharmacist appealed and lost again. Next step, state supreme court, though I doubt they will hear it.
But it doesn’t mean that the pharmacist violated “United States law”.
If he didn’t violate a law, why would he find himself facing an administrative law judge? Last time I checked, Wisconsin is a state, so yes, United States Law was violated. I would have to look up the federal law that grants states the authority to govern the pharmacy profession, but it is there.
My point was that the pharmacist did not do anything criminal. I already said that the court upheld that he violated a rule of the organization, but it was not a crime like people are making it out to be on here."
If you mean he didn’t violate a penal code, you are correct. What “organization” are you talking about. The Board of Pharmacy isn’t a professional association, it is an entity of law. That’s like calling the IRS or FTC an organization. They are acutally enforcing law.
That was the reason I used the word “civil”, because most people are familiar with it and it is understood to be different than criminal.
Now you say “civil”, yesterday you said CIVIL. Nice try at saving face, but I’ve got to call you on this too.
And also, I am obviously not the only one that views this case this way–the pharmacists lawyers also view it like I do.
Uh, lawyers represent people because they get paid, not necessarily because they agree with their client. Besides, the lawyers lost the case. Remember?

Nohome
 
Yeah, too easy…because it’s not like I’ve studied a lot of criminal law or anything. But you just can’t help but make those snide comments, can you?

I actually don’t eat doughnuts, but I’m glad to see that you have now resorted to insults. Where exactly does your knowledge of the law come from? Your internet reading?

The pharmacy board has authority to regulate who is licensed…that is as far as their authority goes. It is a legal authority, yes, which is why the court upheld the decision that the board made. But it doesn’t mean that the pharmacist violated “United States law”. My point was that the pharmacist did not do anything criminal. I already said that the court upheld that he violated a rule of the organization, but it was not a crime like people are making it out to be on here. That was the reason I used the word “civil”, because most people are familiar with it and it is understood to be different than criminal.

And also, I am obviously not the only one that views this case this way–the pharmacists lawyers also view it like I do. So why don’t you call them up and tell them about their “Waterloos”.:rolleyes:

I would hope that you can grow up a little and keep from throwing out insults in your next post.

In Christ,
Rand
So, basically, the case here is that the pharmacist broke a rule, but not an American law. So he could be prosecuted a civil court for breaking the rules of his employment. Did I get that right?

I think I see what you’re saying. There is a myriad of rules I could break at my workplace that would get me discplined and/or terminated, and could even have the company bring a suit or complaint against me.

But, their rules might not break an actual American law.

Is that what happened here?
 
So, basically, the case here is that the pharmacist broke a rule, but not an American law. So he could be prosecuted a civil court for breaking the rules of his employment. Did I get that right?
No, you got it wrong. He violated state code as defined by law.
I think I see what you’re saying. There is a myriad of rules I could break at my workplace that would get me discplined and/or terminated, and could even have the company bring a suit or complaint against me.
You have to violate law to go before and administrative law judge.
But, their rules might not break an actual American law.

Is that what happened here?
Just read the ruling, I attached a link on a previous post.

Nohome
 
Not when someone begs to be made a fool.
Right, establishing how you have studied something while debating makes you a fool. :rolleyes: I was hoping the namecalling would not be present in your post, but that was a little too much to hope for, I guess.
As an environmental engineer, I constantly work with law and lawyers. I also have access to lexisnexis, so I read a lot of law.
Ok, you’re an engineer (something completely unrelated to the legal field) and you work with lawyers. I used to use the lexisnexis too when I worked in a law office. I work with lawyers all the time too, but obviously that makes me a “fool”.:rolleyes:
You are wrong, but you’ve been proved wrong enough for one day.
Ok, that works…just say someone is wrong and leave it at that…good one.
If he didn’t violate a law, why would he find himself facing an administrative law judge? Last time I checked, Wisconsin is a state, so yes, United States Law was violated. I would have to look up the federal law that grants states the authority to govern the pharmacy profession, but it is there.
Ok, and that is what I have repeatedly asked for. WHICH LAW was violated. The reason I have kept debating you on this is because you have refused to cite an actual law. All you have done is argued that pharmacy rules are law but have not cited which LAW he broke. I am not aware of an actual law dictating that a pharmacist must dispense birth control pills…if you cite one I will admit that I was wrong, but I have been unable to find an actual law.
Now you say “civil”, yesterday you said CIVIL. Nice try at saving face, but I’ve got to call you on this too.
Yes, I said CIVIL to make the distinction that it was not a criminal matter. I guess I made a poor choice in my use of the word, but it doesn’t change my argument at all.
Uh, lawyers represent people because they get paid, not necessarily because they agree with their client. Besides, the lawyers lost the case. Remember?
Yes, and they plan on appealing it. That happens ALL the time.

If you can’t keep from namecalling or making snide comments, don’t bother posting a reply because I’m not going to reply to any more of your namecalling posts.
 
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