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Jury finds for pharmacist who declined to fill birth control prescription
Posted by: Speedy
Date: August 06, 2022 05:21AM
This area is overwhelmingly Trump country but I am still surprised at this verdict.

[www.startribune.com]

An Aitkin County jury found Friday that a pharmacist who declined to fill a birth control prescription because of his religious beliefs did not commit sex discrimination under the Minnesota Human Rights Act.

The case is believed to be the first in the nation to be brought to trial based on a claim of sex discrimination for refusing to dispense birth control.

However, the jury ordered pharmacist George Badeaux to pay Andrea Anderson of McGregor, Minn., $25,000 for emotional harm she suffered when he declined to fill her prescription for a morning-after pill in January 2019.

And the case may not be over. Gender Justice, the St. Paul advocacy group that provided legal representation to Anderson, said it will file a motion asking the judge to overturn the verdict, something that's allowed in civil cases. If that motion fails, the group said it plans to appeal to the Minnesota Court of Appeals.

The six-person jury deliberated for more than 20 hours Thursday and Friday before delivering its verdict.

"We are incredibly happy with the jury's decision. Medical professionals should be free to practice their profession in line with their beliefs," said Charles Shreffler, Badeaux's attorney.

"Mr. Badeaux is unable to participate in any procedure that requires him to dispense drugs that have the potential to end human life in the womb. Every American should have the freedom to operate according to their ethical and religious beliefs."

Badeaux testified that he believes the morning-after pill sought by Anderson, a drug called Ella, has the potential to change a woman's uterine lining and prevent a fertilized egg from implanting. In his view, that would end a life, he testified.

Anderson's attorneys presented expert testimony that Ella works by delaying ovulation when taken after unprotected intercourse. The expert called Badeaux's interpretation "speculative and hypothetical."

The issue of contraception has moved to the center of the national political debate, with the U.S. House of Representatives last week passing a bill that would guarantee the right to contraception under federal law.

Jess Braverman, legal director for Gender Justice, praised the jury for its service but said the "undisputed facts" of the case clearly showed that Anderson was discriminated against because of her sex.

"To be clear, the law in Minnesota prohibits sex discrimination, and that includes refusing to fill prescriptions for emergency contraception," Braverman said. "We will appeal this decision and won't stop fighting until Minnesotans can get the health care they need without the interference of providers putting their own personal beliefs ahead of their legal and ethical obligations to their patients."

Aitkin Pharmacy Services, which owned the Thrifty White drugstore where Badeaux was pharmacist-in-chief, was found not liable by the jury. The drugstore is no longer affiliated with Thrifty White and now operates as McGregor Pharmacy.

The case was brought under the Minnesota's Human Rights Act, which prohibits a range of discrimination, including sex discrimination. Importantly for this case, "sex" is defined under the law to include issues relating to pregnancy and childbirth.

After Badeaux declined to fill Anderson's prescription, he offered to send it to a pharmacy in Brainerd, a round trip of more than 100 miles. Anderson, angry at his refusal, declined and had the prescription transferred herself, then made the trip to Brainerd in wintry weather.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: S. Pupp
Date: August 06, 2022 08:13AM
I'm confused.
The jury found in favor of the pharmacist.
The jury ordered the pharmacist to pay $25,000 to the plaintiff.

This seems contradictory.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: NewtonMP2100
Date: August 06, 2022 08:34AM
.....Birth......of a Nation.....



_____________________________________

I reject your reality and substitute my own!
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: Lemon Drop
Date: August 06, 2022 09:13AM
Quote
S. Pupp
I'm confused.
The jury found in favor of the pharmacist.
The jury ordered the pharmacist to pay $25,000 to the plaintiff.

This seems contradictory.

They found in his favor that he did not commit sex discrimination, which would have been against the law in Minnesota.

But that he did cause emotional harm and should pay something for that.

I hope the woman can win on appeal because this verdict opens a door for the anti-woman crazies.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: Buzz
Date: August 06, 2022 03:17PM
Quote
Lemon Drop
Quote
S. Pupp
I'm confused.
The jury found in favor of the pharmacist.
The jury ordered the pharmacist to pay $25,000 to the plaintiff.

This seems contradictory.

They found in his favor that he did not commit sex discrimination, which would have been against the law in Minnesota.

But that he did cause emotional harm and should pay something for that.

I hope the woman can win on appeal because this verdict opens a door for the anti-woman crazies.

Thank goodness for hyphens, cuz I'm definitely anti crazy-women.....

Sounds like Minnesota is all kinds of f'ed up.
==
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: davemchine
Date: August 06, 2022 06:03PM
It is a little bit confusing for those of us (me) unfamiliar with the term "emergency contraception" so I did some googling. The drug in question is Ella and is not considered an abortion pill from what I read.

Emergency contraception ...can be used to prevent pregnancy after sexual intercourse. These are recommended for use within 5 days but are more effective the sooner they are used after the act of intercourse. Emergency contraceptive pills prevent pregnancy by preventing or delaying ovulation and they do not induce an abortion...Emergency contraception cannot interrupt an established pregnancy or harm a developing embryo.-CDC

Abortion pill The recommended regimen is two pills, containing the drugs mifepristone and misoprostol. The pills work best on early stage pregnancies, around 10 weeks' gestation or less.-CDC

So the quote "Mr. Badeaux is unable to participate in any procedure that requires him to dispense drugs that have the potential to end human life in the womb" seems to be the rub. Very strict religious beliefs.



Ukulele music I couldn't find anywhere else.
[colquhoun.info]
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: AllGold
Date: August 06, 2022 06:16PM
I have a problem with the verdict, but applied in a narrow sense I can see the verdict. But it's just a technicality, in that he wouldn't dispense the prescription to either a woman or man.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: DeusxMac
Date: August 07, 2022 07:57AM
Quote
Buzz
Sounds like Minnesota is all kinds of f'ed up.
==

Known for Governor Jesse Ventura…
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: deckeda
Date: August 07, 2022 10:29AM
“We respect your right to not do your job and endanger others. On the other hand you now owe her $25K.”

Let’s see him do it again. Guessing he won’t.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: RgrF
Date: August 07, 2022 02:03PM
Quote
DeusxMac
Quote
Buzz
Sounds like Minnesota is all kinds of f'ed up.
==

Known for Governor Jesse Ventura…

Also about Al Frankin, Paul Wellstone, Fritz Mondale and Hubert Humphrey.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: pdq
Date: August 09, 2022 09:53AM
And Amy Klobuchar, who (IMO) has been a really hard-working, effective Senator.

Northern Minnesota (which this case involves) used to be pretty solid Dem territory, back when the iron mines employed thousands and they had strong unions.

While they are still mining iron, it’s not like the old days - they do so with fewer people, and weaker or non-existent unions, and the Rush Limbaughs of the world managed to convince those nostalgic folks it was somehow all the Libruls’ fault that their formerly-easier lives had changed for the worse.

The urban areas are doing fine; outstate tends to be suffering, and the Right feeds them easy (fake) answers. So I’m not (overly) surprised at this verdict. I’m glad to see she’s appealing, because I think she might have a better chance there.
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Re: Jury finds for pharmacist who declined to fill birth control prescription
Posted by: Speedy
Date: August 10, 2022 04:36AM
The iron range in northeast Minnesota is still blue. Whenever Pres. Trump held us a map of counties that voted red, he covered up the two largest counties in the state which are both range counties. But the congressional district voted red as it moved further south to the more densely populated northern Twin Cities suburbs which are red.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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