German pharmacist sanctioned for not selling morning-after pill sees charges dropped
A German pharmacist engaged in a lengthy legal battle over his refusal to sell the morning-after pill at his pharmacy because of his religious beliefs has secured a victory even as concerns remain about the state of conscience protections in the country.
ADF International, a legal nonprofit specializing in religious freedom cases, released a statement Wednesday announcing that the Higher Administrative Court of Berlin-Brandenburg had dismissed charges of breach of professional duty against pharmacist Andreas Kersten in an oral judgment issued June 26. The charges against Kersten, which date back to 2018, materialized when he refused to stock and sell the morning-after pill at the Undine Pharmacy that he owned and worked at.
As a result of the ruling, the Berlin Chamber of Pharmacists, which sought sanctions against Kersten will have to pay the legal fees associated with the litigation. While a lower court ruled in favor of Kersten in 2019, the Chamber of Pharmacists appealed the decision.
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Although the court determined that Kersten committed no wrongdoing because he cited a letter from the federal Ministry for Health that authorized pharmacists to engage in conscientious objection in such situations, ADF International and Kersten maintain that the ruling did not go far enough. According to ADF International, “While ruling in favor of Kersten, the court failed to uphold the freedom of conscience of pharmacists in Berlin.”
“I am relieved that the court has rejected the sanction demanded against me by the Chamber of Pharmacists,” said Kersten in response to the ruling. “I became a pharmacist to promote health, even to save lives. I cannot reconcile selling the so-called ‘morning-after pill’ with my conscience because of the potential to end a human life, however early.”
Kersten maintained that “even though I was acquitted, I am dismayed by the reasoning broadly rejecting our freedom of conscience.”
He added, “Now pharmacists could be forced to give up their beloved profession simply for staying true to their convictions.”
ADF International Director of European Advocacy Felix Bollmann elaborated on the implications of the ruling, stating: “After more than five years of legal uncertainty, it is now clear that Andreas Kersten did not culpably breach his professional duties. We welcome this finding. However, the reasoning behind the judgment is egregious. In the oral judgment, the court stated that pharmacists will have to choose between their convictions and their profession in the future, at least in Berlin.”
Characterizing the court's reasoning as “in direct contradiction to international law,” Bollmann declared, “Fundamental freedoms must be effectively guaranteed, not just on paper.”
Lamenting that “the court’s reasoning contravenes freedom of conscience,” Bollmann added, “it is entirely inappropriate for the court to argue that someone must exit their profession for choosing to exercise their freedom of conscience — this is an argument the European Court of Human Rights rightly rejected years ago.”
“No one should be forced to take an action that clearly contradicts their conscience — especially when it comes to life and death. Any pharmacist or doctor who experiences coercion because of this is welcome to reach out to our team,” he continued. “Together we can defend freedom of conscience. A free state committed to basic human rights should never allow what amounts to a professional ban on the grounds of conscience.”
A written judgment ruling in favor of Kersten in this particular case is expected in the near future.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
