The Supreme Court term that ended earlier this summer was a brutal one for Christians. The death, in February, of Justice Antonin Scalia brought about disappointing decisions in cases involving restrictions on abortion and upholding religious liberty.
Justice Samuel Alito took on Justice Scalia’s role as dissenter in some of these decisions. He was very critical of the Court’s decision not to hear one particular religious liberty case, saying this was an “ominous sign.” It’s unusual for justices to issue more than a few paragraphs of dissent in a case the Court refuses. But Justice Alito was joined by Justices John Roberts and Clarence Thomas in a 15-page dissent which stated: “If this is a sign of how religious liberty claims will be treated in the years ahead, those who value religious freedom have cause for great concern.”
The case was Stormans vs. Weisman. First Liberty Institute filed a brief urging the Supreme Court to take the case and they say the question it raises is: “Do people have the right to live and operate their businesses according to their faith?”
The Storman family, represented by Alliance Defending Freedom waged a 10-year battle with the state of Washington. Kevin and Greg Storman operate the grocery and pharmacy business their grandfather Ralph Storman founded in Olympia in 1944.
The Stormans have always run their businesses, Ralph’s and Bayview Thriftways in accordance with their Christian faith. They believe that life begins at conception. So they do not stock or dispense emergency contraceptives, like Plan B, which works by causing the death of human life at its earliest stages.
If a customer requested such drugs, the Stormans would simply refer them to one of 30 pharmacies within a 5-mile radius which means no customer is denied timely access to emergency contraceptives.
But, in 2007, the Washington Pharmacy Commission issued new regulations, unique to that state, requiring that all pharmacies dispense these drugs and denying any right to refer customers to other pharmacies for religious reasons.
It was as if the state had a vendetta against pharmacies operating according to Christian principles. Test customers would shop at these pharmacies, but the Stormans and other Christian pharmacy owners stood firm.
The Stormans’ long legal battle resulted in the offending law being struck down in 2012. But last July the 9th Circuit Court of Appeals reversed that decision. Now the US Supreme Court has refused to hear the case challenging the law.
Why target the owners of pharmacies like the Stormans? Their attorney, ADF’s Kristin Waggoner says pharmacies are being used as a way to get into the medical profession and wipe out the right of conscience.
Religious freedom attorney Travis Weber wrote in The Daily Signal, “In refusing to hear this case, the Supreme Court missed an opportunity to bolster constitutional liberty in the face of baseless and illegitimate government targeting of religion.”
Believing saint, this truly is an “ominous sign.”