ACLU Applauds Governor Corzine's Signing of Pharmacy Bill

TRENTON, N.J. -- The American Civil Liberties Union of New Jersey today applauded Governor Jon Corzine's decision to sign a bill into law that will help ensure women's ability to access birth control at the pharmacy. The bill, sponsored by Senator Fred Madden and Assemblywoman Linda Stender, makes New Jersey one of a handful of states to protect patient's ability to access prescriptions at the pharmacy.

"Today's law strikes an important balance between protecting patient's health and religious freedom," said Deborah Jacobs, executive director of the ACLU-NJ.

The pharmacy access law requires pharmacies to fill prescriptions for in-stock drugs or devices without undue delay, despite the sincerely held moral, philosophical or religious beliefs of an individual pharmacist. Pharmacies employing pharmacists who object to filling prescriptions can accommodate the objection so long as the pharmacy ensures that customers receive their prescriptions, including birth control, at the pharmacy without undue delay.

"Access to safe and effective contraception is a central component of basic health care for women," said Jacobs. "This law will go a long way toward ending sex discrimination at the pharmacy."

The ACLU's long-held advocacy for both reproductive rights and religious liberty uniquely positions the organization to address this issue. In April, the ACLU released a report, "Religious Refusals and Reproductive Rights: Accessing Birth Control at the Pharmacy," which examines legal questions raised when a pharmacist or pharmacy refuses to provide contraception based on a religious objection.

The report is available online at: http://tinyurl.com/2pms2q

School Violates Religious Freedom of Student

NEWARK, N.J. -- The American Civil Liberties Union of New Jersey filed a lawsuit today against the Newark Public Schools for violating a Muslim student's religious freedom by holding West Side High School's 2006 graduation ceremony in the sanctuary of a Baptist church.

Bilal Shareef, a 2006 graduating senior and honor student who is Muslim, was unable to attend his graduation because the school's decision to hold graduation in a church forced him to choose between missing graduation or violating his religious proscription against entering buildings with religious iconography, such as pictures of God or the cross.

"I worked hard throughout high school to reach the point of graduation, and the school -- by holding graduation in the sanctuary of a church -- denied me the chance to be there with my friends and family for what should have been a happy, once-in-a-lifetime experience," said Shareef.

Prior to 2004, West Side High School held its graduations in secular locations. However, in 2005, the school scheduled graduation in New Hope Baptist Church. At that time, the ACLU-NJ received a complaint from a Muslim parent and contacted the attorney for Newark Public Schools. Upon receiving a letter from the school attorney providing assurances that graduation would not be held in a religious location again, the ACLU-NJ agreed not to sue. The school district attorney, in his letter, stated that "based [on] the legitimate concerns of our student and parent, I will advise District administration to refrain from scheduling events in church locations and make every effort to work with the church to remove or conceal religious symbols for the duration of the ceremony."

However, in 2006, despite this written promise, West Side High School again scheduled its graduation ceremony in New Hope Baptist Church. Moreover, then-Principal Fernard Williams informed students that if they attended a separate religious baccalaureate ceremony at the Basilica of the Sacred Heart (a Catholic church), they would receive two additional tickets for family or friends to attend the graduation ceremony.

"Although he tried not to show it, I knew Bilal took it hard," said Ahmad Shareef, Bilal's father. "I am an involved parent and would have been proud to see Bilal walk up to receive his diploma, but I am even more proud that he stood up for our beliefs. Insha'Allah [God-willing], this lawsuit will ensure that students from all religious backgrounds will have their rights and religious beliefs respected."

The lawsuit alleges that the school's actions of awarding benefits to students for attending the Catholic religious ceremony and holding the graduation ceremony in a Baptist church violated the New Jersey Constitution's prohibitions against: showing a preference for certain religious sects over others, compelling people to "attend any place of worship contrary to his faith and judgment" and segregating or discriminating against students "in the public schools, because of [their] religious principles."

"This case is a living example of why the New Jersey Constitution makes it clear that government should neither favor nor discriminate against religious practice," said ACLU-NJ Legal Director Ed Barocas, who represents the Shareefs. "Schools should not sponsor activities that exclude some students from participation on the basis of religious belief."

The ACLU-NJ has a long track record of supporting the right of individuals to express their religious beliefs and engage in religious practices free from government interference, including recently defending a second-grade student's right to sing a Christian religious song at an after-school talent show, ensuring that jurors who wear religious garb are not removed from jury pools and supporting a student whose public school teacher told the class that they belonged in hell if they did not believe that Jesus died for their sins.

The latest case is captioned Bilal Shareef and Ahmad Shareef v. Newark Public Schools, et al. The case was filed in New Jersey Superior Court in Essex County.

ACLU-NJ News - Religious Freedom

ACLU Applauds Governor Corzine's Signing of Pharmacy Bill

School Violates Religious Freedom of Student