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Attorney explains lawsuit over gender transition drugs
An attorney representing two pharmacists who say they faced punishment for refusing to dispense gender transitioning drugs discussed the case on FOX 9 All Day.
WOODBURY, Minn. (FOX 9) - Two Twin Cities pharmacists have filed a lawsuit against the Minnesota Board of Pharmacy and Walgreens after one was fired, and another had hours reduced when they refused to dispense gender transition medications due to religious reasons.
Pharmacists sue Walgreens, Minnesota Board of Pharmacy
What we know:
Pharmacists Dr. Dora Ig-Izevbekhai and Dr. Rachel Scott filed a lawsuit against Walgreens and the Minnesota Board of Pharmacy.
Both pharmacists have "sincere religious objections" to dispensing medications to facilitate gender transitions, the lawsuit states. The complaint details how, for years, the pharmacists would refer prescriptions for gender transition drugs and abortion due to religious objections.
However, in 2022 and 2023, court documents say that Walgreens informed both Dr. Scott and Dr. Ig-Izevbekhai religious accommodation was illegal under Minnesota law, which led to Dr. Scott being fired and "drastically reduced" hours and compensation for Dr. Ig-Izevbekhai.
What they're saying:
The lawsuit argues that Walgreen was wrong about the law, and it requires gender transition drugs to be "reasonably be expected to be compounded or dispensed in pharmacies by pharmacists." The pharmacists continue to argue that religious objection is within reason to not dispense these drugs.
The two pharmacists asked the Minnesota Board of Pharmacy to clarify their interpretation of the Board's rules, and they allegedly "refused."
The lawsuit says that Minnesota law requires the two pharmacists to "violate their religious convictions" by dispensing or compounding certain drugs, which they claim goes against the U.S. Constitution and the Minnesota Constitution.
Dr. Scott's beliefs and background with Walgreens
Dig deeper:
According to court documents, Dr. Scott has been with Walgreens since 2007, and became a pharmacist in 2015. In 2017, she became a staff pharmacist at a Walgreens store in Woodbury.
Dr. Scott is a Christian, and does not approve of abortion, believing it is "murder and deeply sinful," the lawsuit said. Due to this religious belief, Dr. Scott refused to dispense drugs that she knew would be used for abortions.
In addition, Dr. Scott believes that "attempting to medically alter a person's biological sex contradicts God's design" and she would not dispense drugs that would facilitate gender transition.
She believes if she did dispense drugs for abortions or gender transitions, she would be "harming the person seeking the prescriptions from her," court documents said.
The lawsuit states that Dr. Scott would refer people looking to fill medications for those reasons to other pharmacists.
The lawsuit claims that Walgreens "informally" accommodated Dr. Scott's beliefs for many years. But eventually. Dr. Scott submitted a request to Walgreens to formally request religious accomodation.
Walgreens responded to Dr. Scott and stated it was against Minnesota law to decline dispensing gender transition medication on religious grounds, and denied her request.
The lawsuit says that Walgreens told Dr. Scott if she continued to refuse to fill those prescriptions, she would not be scheduled to work at Walgreens, and she was ultimately let go.
Dr. Ig-Izevbekhai's beliefs and background at Walgreens
Dig deeper:
Dr. Ig-Izevbekhai was hired by Walgreens in 1996 and became the staff pharmacist at an Oakdale store in 2008.
Dr. Ig-Izevbekhai is also a Christian who does not approve of abortion or gender transition for the same reasons as Dr. Scott. Therefore, she does not dispense drugs for abortions or gender transition.
However, the lawsuit states that Dr. Ig-Izevbekhai "became aware" in the early 2020s that some vaccines were made using tissue from "aborted fetuses", and because of that, she does not administer these vaccines.
Currently, Dr. Ig-Izevbekhai does not administer the MMR vaccine, the rabies vaccine, the chickenpox vaccine and one brand of the hepatitis A vaccine.
The lawsuit says Dr. Ig-Izevbekhai's manager at Walgreens asked her to submit a religious accommodation, which was ultimately denied. Dr. Ig-Izevbekhai's hours were reduced at her Oakdale store, and eventually she moved to a pharmacy in Wisconsin where she got her pharmacist's license.
What are the pharmacists seeking?
What they're saying:
Both pharmacists are seeking a number of relief requests, including a declaration that no Minnesota law or rule requires them to dispense or compound drugs for the purpose of gender transition due to their religious beliefs.
They are also seeking a declaration that the Minnesota law or the Minnesota Board of Pharmacy violated their First and Fourteenth Amendments.
Dr. Ig-Izevbekhai is also seeking to have her former position reinstated with wage and benefit increases.
Walgreens declined to comment on the lawsuit pending litigation.
FOX 9 also reached out to the Minnesota Board of Pharmacy for comment regarding this lawsuit, and has not heard back as of this publication.
The Source: A lawsuit filed in the United States District Court of Minnesota.