A LOST CASE AND A LESSON FOR US ALL
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A LOST CASE AND A LESSON FOR US ALL
For four generations, the Stormans family owned a small grocery store and pharmacy in Olympia, Washington. One day the family received a phone call asking why their pharmacy didn’t carry the morning-after pill, a controversial form of contraception that may cause early abortions. Upon researching the drug, the family learned it could prevent a newly formed human embryo from attaching to the wall of its mother’s uterus, thus, in their view, destroying a human life.
Because the family was committed to caring for all human life, they decided they couldn’t sell the drug.
Instead, their employees would refer customers to nearby pharmacies that sold it. That turned out not to be good enough for local pro-abortion activists. They protested the store, yelling at customers and disrupting traffic. They filed complaints with the state. And they ultimately convinced the governor to pass a new regulation making it illegal for pharmacies to refer customers elsewhere for religious reasons—even though pharmacies could still refer customers for nonreligious reasons.
The Stormans family then faced a difficult choice: either sell the morning-after pill, which could destroy a human life, or close the pharmacy, which would destroy their livelihood.
Because they didn’t want to do either, they filed a federal lawsuit asking the courts to protect their religious freedom.
I had the privilege of representing them.
In response to the lawsuit, the state claimed it wasn’t targeting the Stormans; it was simply trying to ensure that all citizens had access to medication.
But at trial, this argument was exposed as a sham.
Within a five-mile radius of the Stormanses’ pharmacy, over thirty pharmacies sold the morning-after pill. It was also available at nearby physicians’ offices, government health centers, hospital emergency rooms, and on the internet with overnight delivery.
By contrast, the state’s own documents showed that it was targeting pharmacists because of their religious beliefs. The governor appointed a new chairman of the pharmacy board, who stated that “I for one am never going to vote to allow religion as a valid reason for a [pharmacy] referral.”
The chairman also said he viewed religious referrals as an “immoral” form of “sex discrimination” and would recommend prosecuting them “to the full extent of the law.”
Based on the evidence, the trial court concluded there was “no problem of access to [the morning-after pill] or any other drug before, during, or after the rulemaking process.” Instead, the purpose of the regulation was to “bar pharmacists and pharmacies from conscientiously objecting.” This, the court said, showed that the regulation targeted pharmacists because of their religion, rendering it unconstitutional.
The Stormans family won.
I wish I could say that was the end of the story, but it wasn’t.
The state appealed the ruling to the Ninth Circuit, which ignored key facts and rejected the Stormanses’ claims. We then appealed to the US Supreme Court. But just weeks after we filed our appeal, Justice Scalia died, leaving the court short one member. Our appeal received three votes—one shy of what we needed. We lost the case.
As American Christians prepare for potential violations of religious freedom, we often appeal to American law: Is it lawful to take away religious freedom when it is enshrined in the Constitution?
But religious freedom isn’t rooted in the American Constitution. It goes much deeper than that. It’s rooted in God’s original design for humanity—in the way God created us and in the way God relates to us.
“If God Himself doesn’t coerce us in our relationship with Him, how much less should the government?”
Simply put, human beings are created for relationship with God, and God desires relationship with us.
But a relationship with God must be entered into freely. So God Himself has given human beings freedom to embrace or reject Him. . . .
If God Himself doesn’t coerce us in our relationship with Him, how much less should the government? When the government tries to do so—when it prevents us from freely relating to God—it is elevating itself above God and violating the created order.
We need to remember, though, how Scripture illustrates the radically different way Christians are called to approach persecution.
The goal is not to win but to be like Christ.
That’s why there is no formula for responding to religious freedom conflicts.
As Christians, we often want simple answers, but rather than offering simple answers, Scripture calls us to know God and teaches us that there is much more going on, because there is a much bigger story of God bringing His kingdom into this world.
Thus, as we face our own religious freedom conflicts, God’s kingdom purposes should inform everything we do.
Religious freedom is not a tool for maintaining Christian cultural dominance.
It is not a luxury that can be abandoned lightly.
It is not a pretty good idea that we don’t need to think much about.
Rather, religious freedom is a basic issue of biblical justice, rooted in the nature of God and the nature of man.
The very definition of a violation of religious freedom: when the government uses its coercive power to interfere in the relationship between God and man. When the government does that, it’s violating the created order and perpetrating an injustice.
And the reality is: Christians throughout history have suffered terrible persecution. Yet Scripture calls all of us to “rejoice in hope” (Romans 5:2), whether we live in North America or North Africa.
Where does that hope come from? That hope is not rooted in any human institution. It is not rooted in fair laws, favorable election results, or friendly Supreme Court justices.
It is rooted in a person: Jesus Christ.
He has already conquered every enemy we’ll ever face, and He has promised us an imperishable inheritance in heaven. So even when we’re “grieved by various trials,” we still “rejoice with joy that is inexpressible” (1 Peter 1:6–8).
This doesn’t mean we become Pollyannas, pretending everything is good when it isn’t. Nor do we become Nero, fiddling indifferently while the world around us burns. Instead, we fully acknowledge the evil in the world even as we hope in the Savior of the world and join in His work in the world.
We worship a Savior who is a realist. He told us, “In this world you will have trouble” (John 16:33, NIV).
And when it comes to religious freedom, we will have trouble. But that is not cause for alarm, because we worship a Savior who is also triumphant.
The One who said “In this world you will have trouble” also said “Take heart! I have overcome the world.”
(Excerpt from AnnVoskamp.com. Blog by Luke Goodrich of BecketLaw. )
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Thank you, Lord, for this family who decided to stand up against the bullying of those who demanded that their belief system be seen as wrong and not to be respected. Lord, please bless the Stormans with patience, hope, and grace so they see Your faithfulness and blessings beyond what they could imagine. Please cause the Stormans to be eventually vindicated to these people who are offending You and at the same time, paving their way towards self destruction. Please pour out Your Holy Spirit to draw these people who are lost and who need to be desperately found. Thank You for the Stormans who want to honor You even if it costs them to do so. Please bless them so they sense Your presence, love, and joy, in spite of losing this case. Please take these “Hamans” and bring them out of their darkness into Your marvelous light so their souls are saved, in the name of Jesus Christ. Amen.
THANK YOU for this exhortative article. Just last night I was listening to a podcast by Dan Mohler, posted December 1, 2019 and entitled “Love of the Father.” In the last 11 minutes of the message (beginning at 1:09), Mr. Mohler admonishes us that we “are fighting [the GOOD fight of faith] on behalf of the King and so we are not to get distracted and not take attacks personally. [We] take the calling [of being on GOD’s team] personal – as believers, we are “in” and not “out.” Mr. Mohler goes on to say that no one enlisted entangles himself with the affairs of this life (a reference to 2 Tim.2:4 No soldier in active service entangles himself in the affairs of everyday life, so THAT HE MAY PLEASE THE ONE WHO ENLISTED HIM as a soldier. NASB: all caps added for emphasis). Mr. Mohler explains that when we become “entangled” [in whatever way that might be], then we become deceived.
Continuing and referring to GOD’s posture, he states (between 1:11.36 and 11.52), “I’m GOD…. I want you on My team…i can WIN with YOU!” “…Make sure you’re on the team…make sure you’re in the fight…the fight is not against the devil and people. It’s to REMAIN IN FAITH….[our] fight is to maintain a healthy perspective through the course of life and not to take one step back.”
“If you take adversity personally, you make a huge mistake.” “The defeated foe is trying to stop the Kingdom of GOD and [to stop our] potential in [our lives]..trying to get [us] to get weary in well-doing, trying to get [us] to allow [our] heart[s] to get hard…trying to fix [our] eyes on lawlessness so our love waxes cold.” “As a member of the Kingdom, [the believer] is [the defeated foe’s] biggest threat.” Mr. M concludes [with Paul’s comment to Timothy] “…I endure all things for the ELECT’S sakes, that they may also obtain the salvation which is in Christ Jesus with eternal glory..[KJV emphasis added]. “i don’t count my own life dear so that my life is a witness and a testimony…i’m never just a preacher…but a living example…an epistle written on the hearts of men…[so that there is a pattern others may follow…each of us is to live in a way that the same truth is imparted to others].”
The Stormans are to be applauded for their faithfulness and endurance in taking their case to the Supreme Court. Regardless of the “end” of the story here/now, at the very least they will have set an example for others here who are being similarly persecuted. Ultimately, we know they enter the joy of the LORD and hear the words, “Well done, good and faithful servants.” As this article ends:
“… Scripture calls all of us to “rejoice in hope” (Romans 5:2)…That hope is not rooted in any human institution. It is not rooted in fair laws, favorable election results, or friendly Supreme Court justices.
It is rooted in a person: Jesus Christ….The One who said “In this world you will have trouble” also said “Take heart! I have overcome the world.”
This is exactly the reason we need Trump as President. He has appointed two conservatives to the Supreme Court and he will appoint further conservatives for all levels.
Did these folks close their pharmacy?
Sandra,
Yes they did. Google only shows Corporate office.
When a woman walks into a pharmacy, she should not fear being turned away because of the religious beliefs of the owner or the person behind the counter,” the organization’s deputy legal director, Louise Melling, said in an emailed statement. “Open for business means opens for all. Refusing someone service because of who they are … amounts to discrimination, plain and simple.”
^she’s right you know.
You are correct about serving a person, but only to the extent where a persons request does not interfere with basic textual constitutionally protected religious expression of behavior of the “server”, and ESPECIALLY when there are exceedingly reasonable alternatives available.
Most other “protections” are “interpreted”, not textual and original as with speech and religious expression.
Thomas Jefferson indicated that those expecting tolerance should avow toleration to others. Paraphrased notes on Locke and Shaftesbury Oct 11 – Dec 9 1776 in PTJ, 1:547-48.
In my area,1 in 5 hospital beds are owned by Catholic hospitals. These hospitals will send a woman home if they are miscarrying. There are cases where the ONLY hospital within a reasonable distance is Catholic owned.
https://www.aclu.org/blog/reproductive-freedom/religion-and-reproductive-rights/catholic-hospitals-denied-these-women
First, in similar treatment of ANY democrat, I will not trust ANYTHING skewed by the ACLU or SPLC.
Second, the fact that a Catholic hospital is the only or one of few hospitals in the area is a telling actually compassionate statistic. Folks can be thankful while they are demanding. I believe non-medical patients frequently misunderstand what they are being told by medical staff with “blame” to be had on both sides depending on the PEOPLE involved.
https://www.statnews.com/2017/09/14/catholic-hospitals-reproductive-health-care/
Quote: By 2016, the study found, 14.5 percent of all U.S. acute care hospitals were Catholic, including 10 of the 25 largest health care systems in the country. In some states with fewer hospitals, Catholic providers are a dominant presence in the market. In five states (Alaska, Iowa, Washington, Wisconsin, and South Dakota), more than 40 percent of acute care beds were Catholic-owned or -affiliated in 2016.
>> posted this before re-reading your post. Interesting ….
The religious bigotry in the article you referenced and subsequent comments is also telling. I am not one to espouse Catholicism and I don’t have medical details available to me on the specific cases (only the biased write ups it seems), but in reading over the “directives”, only two are suspect, both again requiring additional information due to bias (ectopic pregnancy and advanced medical directives – assuming the latter is in reference to assisted suicide). I will try to follow up.
Interesting that todays rendition of the Hippocratic oath (violated by abortionists who may or may not be actual doctors) mentions “not play God”. Interesting how they use this interchangeably in both defense and offense….
http://www.catholicsforchoice.org/wp-content/uploads/2017/01/2017_Catholic-Healthcare-Report.pdf
>> note that again I am not “trusting” this document due to some anomalies found either contextually, editing, or bias.
The whole article seems to center on the organizational services FORGETTING that individual providers have conscience rights as well when they disagree with “public perception” and the accompanying bigotry/bias. Thank you President Trump.
And as far as patient Means and possibly others, the biased content fails (or I missed) to indicate how personal insurance may have contributed to the situation.
I end with not trying to be crass, but documentation appears to show similar “problems” from abortion clinics, especially those that fail typical medical regulations and even normal state licensing requirements. And the recommendation is to follow sexual restraint rather than liberty when making adult decisions, thus providing TRUE liberty, referencing BOTH men as well as women.
Liberals only seem to want tolerance for their religion of self with no tolerance for others deeply held beliefs..
It is another example of forcing others to accept liberal beliefs and shoving it down our throats whether we like it or not..something they project on conservatives with deeply held Christian beliefs..
There are plenty of places nearby to access these rx..it is another example of Washington States liberal politicians forcing onto conservatives their values..no tolerance of our (conservatives) values..
I know..I live in Olympia, Washington and used to go to that very pharmacy!
A newspaper called me at the time and I gave my beliefs as I just stated and the reporter asked if he could call me again concerning this situation.
Our liberal Attorney General also pushed a florist who would not be involved in a gay wedding to go all the way to the Supreme Ct.to fight for their rights..
The florist served this gay man all the time but would not participate in the wedding..which the man was ok with, but that did not satisfy our Attorney General who took it upon himself to go after this florist…
Our State needs much prayer…
Do you have a link? I want to read the case file. I was able to find the files associated with the pharmacy lawsuit.
They still have their grocery store.
A Christian business owner should not be forced to help kill an unborn child if it goes against their fundamental beliefs.