Wednesday, February 1, 2012

A federal judge is considering whether Washington state can require pharmacies to stock and sell Plan B or other emergency contraceptives.

Closing arguments are underway Wednesday in Tacoma in a lawsuit that claims dispensing the drug would infringe on religious beliefs because it can prevent the implantation of a fertilized egg.

Ralph's Thriftway in Olympia and two licensed Washington pharmacists say they can refer customers to nearby pharmacies willing to sell the drug.

The Washington Board of Pharmacy requires pharmacies to dispense medication for which there is a community need. The state says the rule is legal because it applies neutrally to all medicines and pharmacies and promotes an important government interest: the timely delivery of medications.

A lawyer for the plaintiffs says the rule is "repugnant to the Constitution."