The Washington State Department of Health is a state agency of Washington. It is headquartered in
Olympia, Washington
Olympia is the capital of the U.S. state of Washington and the county seat and largest city of Thurston County. It is southwest of the state's most populous city, Seattle, and is a cultural center of the southern Puget Sound region.
European ...
. The agency was created by the state legislature in May 1989 after splitting from the
Washington State Department of Social and Health Services.
Washington State Pharmacy Quality Assurance Commission
States have historically provided a
conscience clause right allowing pharmacists to refrain from participating in abortions. In June 2006, the Pharmacy Board of the Washington State Department of Health rejected a draft rule proposed by Governor
Christine Gregoire to require all pharmacies to begin carrying Plan B
levonorgestrel
Levonorgestrel is a hormonal medication which is used in a number of birth control methods. It is combined with an estrogen to make combination birth control pills. As an emergency birth control, sold under the brand name Plan B One-Step among ...
.
[Jason R. Mau, Stormans ''and the Pharmacists: Where Have All the Conscientious Rx Gone?'']
114 Penn St. L. Rev. 293 (2009). Governor Gregoire responded by releasing a public statement warning the Board members to reconsider or they could be removed.
[ In July 2006, the Washington State Human Rights Commission warned the Board members that they would be personally liable for illegally discriminating against women if they did not pass the Governor's Plan B rule.][ In April 2007, the Board approved a final rule prohibiting pharmacies from not stocking Plan B for religious reasons but allowing exemptions for "good faith" business reasons.][
When Ralph's Thriftway, a grocery store in Olympia, refused for religious reasons to carry Plan B, it was widely boycotted, leading Gregoire to cancel the grocer's longstanding account with the ]Washington Governor's Mansion
The Washington Governor's Mansion is the official residence of the governor of Washington. The Georgian-style mansion is located on the grounds of the State Capitol campus in the capital city Olympia. It is on the crest of Capitol Point, with ...
.[ The only complaints for violating the Plan B rule were filed against the grocer.][ The grocer sued but, instead of alleging violations of the broader Constitution of Washington, its attorneys at the ]Alliance Defending Freedom
Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
and the Becket Fund for Religious Liberty
Becket Law (formerly the Becket Fund for Religious Liberty) is a non-profit public interest law firm based in Washington, D.C., that describes its mission as "defending the freedom of religion of people of all faiths." Becket promotes accommodat ...
only filed under the Free Exercise Clause of the United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
.[Noel E. Horton, ''Article I, Section 11: A Poor "Plan B" for Washington's Religious Pharmacists"]
85 Wash. L Rev. 739 (2010).
On November 8, 2007, U.S. District Judge Ronald B. Leighton granted the grocer a preliminary injunction blocking the rule.[ On May 1, 2008, ]United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
Judges Thomas G. Nelson
Thomas George Nelson (November 14, 1936 – May 4, 2011) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit from 1990 to 2004.
Education and career
Born and raised in Idaho Falls, Idaho, Nelson graduated ...
and Jay Bybee
Jay Scott Bybee (born October 27, 1953) is an American lawyer and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He has published numerous articles in law journals and has taug ...
denied the state a stay of the injunction pending appeal, over a dissent by Judge A. Wallace Tashima
Atsushi Wallace Tashima (born June 24, 1934) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and a former United States District Judge of the United States District Court for the Central Distric ...
.[ However, on July 8, 2009, Circuit Judge ]Kim McLane Wardlaw
Kim McLane Wardlaw (born July 2, 1954) is an American lawyer and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 1998. She is the first Hispanic American woman to be appointed to a federal appeals ...
, joined by Richard Clifton
Richard Randall “Rick” Clifton (born November 13, 1950) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit.
Education and legal training
Clifton received an Artium Baccalaureus degree at Princ ...
and N. Randy Smith
Norman Randy Smith (born August 11, 1949) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He lives and maintains chambers in Pocatello, Idaho.
Background
A native of southeastern Idaho, Smith ...
reversed the preliminary injunction.[
On February 22, 2012, after four years of discovery and a twelve-day bench trial, Judge Leighton issued a permanent injunction blocking the Plan B rule as unconstitutional. On July 23, 2015, Circuit Judge ]Susan P. Graber
Susan Pia Graber (born July 5, 1949) is an American attorney and jurist. She is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. A native of Oklahoma, she was the 90th justice of the Oregon Suprem ...
, joined by Judges Mary H. Murguia
Mary Helen Murguia (born September 6, 1960) is an American lawyer and jurist serving as the Chief United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She previously served as a U.S. district judge of the Unite ...
and Richard Clifton reversed. The grocer's petition for certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
from the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
was denied on June 28, 2016. Justice Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
, joined by Chief Justice John Roberts and Justice Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
, dissented, writing that "the rules challenged here reflect antipathy towards religious beliefs that do not accord with the views of those holding the levers of government power."
Public Records Act
In '' Harris v. Quinn'' (2014) the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
gave home healthcare workers the right to not join their union. The Freedom Foundation reacted by filing a Public Record Act request for a list of home healthcare workers from the Department so it could encourage the workers to leave the union.[ The Department refused, then encouraged the Service Employees International Union to sue the Department to prevent the disclosure.][
The SEIU lost its lawsuit in the superior, appeals, and ]Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the ...
. The SEIU responded by putting Washington Initiative 1501 on the Washington elections, 2016
A general election was held in the U.S. state of Washington on November 8, 2016. The primary was held on August 2.
At the time of the filing deadline of May 20, 2016, 682 candidates had filed for 345 offices statewide.
Federal
President of the ...
ballot, which would change the Public Record Act to forbid departments from disclosing union members' names.[ The ballot initiative was approved with 70% of the vote.
]
Gender X
From January 27, 2018 "gender X" will be legally available by regulations from existing Washington State Department of Health records only, to amend birth certificates.
2020 Coronavirus pandemic
In early March 2020, coronavirus cases within Washington state grew along with the rest of the country. Washington State Department of Health officials requested, from the federal government's Strategic National Stockpile
The Strategic National Stockpile (SNS), originally called the National Pharmaceutical Stockpile (NPS), is the United States' national repository of antibiotics, vaccines, chemical antidotes, antitoxins, and other critical medical supplies. Its w ...
(the U.S. government's repository of drugs, vaccines and equipment to be used in major public health emergencies), 233,000 respirators and 200,000 surgical masks. The initial federal response was disappointing. The SNS could provide only 93,600 N95
An N95 filtering facepiece respirator, commonly abbreviated N95 respirator, is a particulate-filtering facepiece respirator that meets the U.S. National Institute for Occupational Safety and Health (NIOSH) N95 classification of air filtrat ...
respirators and 100,200 surgical masks
A surgical mask, also known by other names such as a medical face mask or procedure mask, is a personal protective equipment used by healthcare professionals that serves as a mechanical barrier that interferes with direct airflow in and out of re ...
. After public criticism, the federal government announced it would deliver all of the requested items to Washington state.
References
External links
Washington State Department of Health
{{authority control
Health
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
State departments of health of the United States
Medical and health organizations based in Washington (state)
1989 establishments in Washington (state)