Conscientious Objectors Behind the Counter: Statutory Defenses to Tort Liability for Failure to Dispense Contraceptives

Jennifer E. Spreng

Journal of Health Law & Policy

Introduction:  The United States Food and Drug Administration’s decisions in the past decade to approve both RU-486 and Plan B have created crises of conscience for some religious pharmacists. RU-486 induces abortion in the first trimester of pregnancy without surgical intervention and Plan B is a two-pill “emergency contraceptive” regimen that may have abortifacient properties. Some religious pharmacists prefer not to dispense the drugs because their religious scruples forbid them from participating in abortions.  Some also object to dispensing daily oral contraceptives6 on the same basis.


Spreng JE. Conscientious Objectors Behind the Counter: Statutory Defenses to Tort Liability for Failure to Dispense Contraceptives. 1 St. Louis U. J. Health L. & Pol’y 337, 337-40 (2008)

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