OHIO STATE UNIVERSITY FILES ANSWER TO CLS CHAPTER COMPLAINT
On May 18, 2004 The Ohio State University filed its answer to the
complaint the University's chapter of the Christian Legal Society filed
against it.
The CLS chapter filed a lawsuit against University officials on March
12, 2004 after the University threatened to “de-recognize” the chapter
due to the chapter’s failure to include the University’s
non-discrimination policy in its constitution. If included in its
constitution, the non-discrimination policy would prevent the chapter
from selecting its voting members and leaders based upon its shared
religious beliefs.
At stake in this case is a student organization’s right to receive the
benefits associated with University recognition without abandoning its
religious identity.
Answer to the Complaint
PHARMACIST MAY BE DISCIPLINED FOR FOLLOWING HIS RELIGIOUS BELIEFS
The Wisconsin Pharmacy Examining Board will conduct a disciplinary
proceeding against pharmacist Neil T. Noesen on June 22, 2004 for
practicing according to his religious convictions.
Neil was the only pharmacist on duty at a K-Mart pharmacy in the
summer of 2002 when a customer entered the store and requested a refill
of her prescription for a contraceptive. Due to Neil’s strong religious
convictions, he would not refill her prescription or transfer it to
another pharmacy.
The Wisconsin Department of Regulation and Licensing filed a complaint
against Neil charging him with unprofessional conduct and practicing in a
manner which departed from the standard of care by endangering the
health, welfare, or safety of a patient. The Pharmacy Examining Board
will determine whether or not Neil is guilty of the charges, and what, if
any, disciplinary action he will receive.
Center attorneys Steven H. Aden and Timothy J. Tracey are assisting
Neil’s attorney, Krystal Williams-Oby, as she prepares for the hearing.
NINTH CIRCUIT AFFIRMS PHYSICIAN ASSISTED SUICIDE ACT
On May 26, 2004 a three judge panel of the U.S. Court of Appeals for
the Ninth Circuit ruled in State of Oregon v. Ashcroft that Attorney
General John Ashcroft overstepped his authority when he issued the
“Ashcroft Directive” designed to prohibit physician assisted suicide.
Ashcroft issued the Directive in response to Oregon’s Death With
Dignity Act, which authorizes doctors in Oregon to prescribe lethal doses
of medication to help patients end their lives. In his Directive,
Ashcroft states that prescribing controlled substances to assist a
suicide serves no “legitimate medical purpose” and thus would violate the
Controlled Substances Act of 1970.
The federal government may either appeal the recent decision to a
larger panel of the Ninth Circuit or it may seek review in the U.S.
Supreme Court.
The Center filed a “friend of the court” brief in the Ninth Circuit on
behalf of the Christian Legal Society and the Christian Medical
Association supporting Ashcroft’s Directive.
CLS Amicus Brief
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