Springfield, USA - A federal judge has refused to throw out a lawsuit over Gov. Rod Blagojevich's requirement that pharmacists dispense emergency birth control.
Judge Jeanne Scott ruled that seven pharmacists who refused to offer the "morning-after pill" have a legitimate argument that the rule violates their religious freedom.
If the pharmacists' claims are true, they could show that Blagojevich's rule targets pharmacists "for the purpose of forcing them either to compromise their religious beliefs or to leave the practice of pharmacy," Scott wrote in her ruling Wednesday.
The state has until Sept. 30 to respond to the lawsuit.
The pharmacists, including five dismissed by Walgreen Co. and two who work for other pharmacies but fear discipline, argued that the rule violates their 1st Amendment right to religious freedom and federal civil rights protection against religious discrimination. They are represented by the American Center for Law and Justice, a group founded by evangelist Pat Robertson.
The pharmacists argue Walgreen fired them for refusing to sign a policy requiring they dispense the contraceptives, which some regard as an abortion pill because its heavy dosage of medication can interfere with conception.