Refusing emergency contraception is sex discrimination, Minnesota Appeals Court says

A pharmacist in Aitkin County engaged in sex discrimination when he refused to fill a woman’s prescription for emergency contraception because of his personal beliefs, the Minnesota Court of Appeals ruled Monday.

It’s believed to be the first time a U.S. court found it was sex discrimination to refuse to fill a prescription for emergency contraception. Jess Braverman, legal director for Gender Justice, one of the groups that worked on the lawsuit, said the ruling could have national implications in the ongoing battle over reproductive rights.

“Emergency contraception is time-sensitive medication. You have to be confident when you show up to get your medication that you are not going to be turned away for reasons that are not medical reasons,” Braverman said.

The Appeals Court also found the jury was given incorrect instructions regarding how to determine whether the pharmacy was also liable for the pharmacist’s decision not to fill the prescription. The ruling sends the case back to district court for a new trial, but the defendants could ask the Minnesota Supreme Court to weigh in.

The case dates to 2019, when Andrea Anderson tried to fill a prescription for an emergency contraceptive at Thrifty White, which is now McGregor Pharmacy. The lead pharmacist, George Badeaux, told Anderson his beliefs prohibited him from giving her the medication and at trial he testified he feared it would interfere with a pregnancy.

Anderson said she had to travel 100 miles round-trip from her home in McGregor to Brainerd to get the prescription filled at another pharmacy. Attorneys for Badeaux and the pharmacy did not immediately return messages Monday seeking comment.

Anderson filed a lawsuit under the Minnesota Human Rights Act alleging sex discrimination.

After a 2022 trial, a jury found discrimination had not occurred, but that Badeaux had caused Anderson emotional harm and awarded her $25,000 in damages. After the verdict, Badeaux’s attorney said it was important that medical professionals may act in accordance with their beliefs.

Anderson’s attorneys appealed the jury’s decision that there was no sex discrimination. The Appeals Court agreed, noting the Minnesota Human Rights Act prohibits discrimination, including not doing business with someone, because of their sex.

“This ruling is important to show that it is not just people’s beliefs that matter. Patient health and safety matter, too,” Braverman said. “You cannot turn people away who need reproductive health care.”