By Jason R. Mau. 114 Penn St. L. Rev. 293.
The “right of conscience” is a term that is likely to elicit strong feelings in any context. Use that same phrase with the word “pharmacist” and these strong feelings will most likely be heightened, because they involve issues of reproduction and First Amendment rights, both evoking passionate views. Recently, the increasing amount of stories reporting pharmacists’ refusal to sell over-the-counter emergency contraceptives has fueled the public debate between those who believe in a right of conscience and those who believe in a right of access to contraceptives. This public debate over emergency contraceptives and pharmacists’ right of conscience has led many state legislatures to enact or amend previously existing legislation to outline each state’s position on the subject . . . [keep reading]