But he is not the state. Medicare/Medicaid refusing to fill
prescriptions that violate fundamentalist teaching would be a
violation of church and state. What this would be (I think) is
gender-based discrimination.

Dana


On Wed, 10 Nov 2004 13:36:33 -0500, Howie Hamlin <[EMAIL PROTECTED]> wrote:
> What I meant was that separation of church and state implicitly forbids laws 
> based on religion or faith as that would discrimination against another 
> faith.  Therefore, the law says that:
> 
> 1 - these pills are legal
> 
> 2 - you can't discriminate against someone because of your beliefs
> 
> So, because of separation of church and state the pharmacist cannot legally 
> refuse to sell this item.
> 
> --- On Wednesday, November 10, 2004 1:10 PM, dana tierney scribed: ---
> >
> > but Howie.... a pharmacist in private practice is neither. Not that I
> > agree with this hypothetical pharmacist, but I don't think that's your
> > argument.
> >
> > Dana
> >
> 
> 

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