MN Pharmacist Wrongfully Denied Woman Emergency Contraception: Lawsuit

AITKIN COUNTY, MN — A Minnesota pharmacist wrongfully declined to sell a woman emergency contraception due to his personal beliefs, according to a lawsuit going to a jury trial this week.

Andrea Anderson claims that in 2019, a pharmacist discriminated against her based on her sex by "denying her service as a result of her pregnancy-related health care needs in violation of the Minnesota Human Rights Act."

On Jan. 20, 2019, Anderson’s primary method of birth control — a condom — failed during sex. Anderson's doctor prescribed her "Ella" – a form of emergency contraception — and requested that the prescription be sent to the Thrifty White Pharmacy in McGregor, Minnesota.

Thrifty White was the only pharmacy in McGregor and was Anderson’s primary pharmacy, according to the lawsuit.

"Anderson received a call from the on-duty pharmacist at Thrifty White, George Badeaux. Badeaux informed Anderson that for 'personal reasons' he would be unable to fill her prescription," the lawsuit states. "Badeaux clarified that he did not want to fill Anderson’s prescription due to '[his] beliefs.'"

He did not clarify what his beliefs were or why they interfered with his ability to perform his job as a medical professional.

When Anderson spoke with Matt Hutera — the store's owner — told Anderson he did "not agree with Badeaux, but he’s a pastor," in town according to the lawsuit. "Even though this was not the first time Badeaux had refused to fill prescriptions, Hutera did not indicate that there would be any repercussions for Badeaux."

Anderson eventually got her prescription filled at a Walgreens more than 50 miles from her home, the lawsuit said, and she had to drive more than 100 miles roundtrip in the middle of a snowstorm.

The case is going to trial at a time when the right to contraception is being debated nationally. Late last month, all three of Minnesota's Republican members in the U.S. House of Representatives voted against the federal 'Right to Contraception' Act.

Minnesota's four Democrats supported the measure. Read more about the bill here.