Andrea Anderson, a mother of five from McGregor, sued under the Minnesota Human Rights Act after the pharmacist, based on his religious beliefs, refused to grant her request. State law prohibits discrimination based on sex, including matters related to pregnancy and childbirth.
The decision comes amid national political debate over contraception under federal law, with the US House of Representatives passing a bill that would guarantee the right to contraception. House Democrats worry that a conservative U.S. Supreme Court that has already struck down federal abortion rights could go further and restrict contraceptive use.
Leaders of the Gender Justice group, which represented Anderson, said they plan to appeal, Minnesota Public Radio News reported.
“The testimony was so clear that she was getting less service than other clients because what she was going there for was emergency contraception. And so we believe that, under the law, this is discrimination in Minnesota,” said Jess Braverman, legal director of the advocacy group.
Anderson brought her prescription for a morning-after pill to Thrifty White Pharmacy in McGregor in January 2019. Longtime pharmacist George Badeaux told her he couldn’t fill the prescription based on his beliefs.
Anderson eventually picked up her prescription at a pharmacy in Brainerd, making the more than 100-mile (161-kilometer) round trip in winter driving conditions.
Attorneys for Badeaux did not immediately respond to a request for comment.