'Morning-After'
Pill Challenged In UK Court
By Mike Wendling
CNSNews.com London Bureau Chief
February 12, 2002
London
(CNSNews.com) - A pro-life group has launched a legal challenge in Britain's
High Court to stop over-the-counter sales of the emergency contraceptive
Levonelle, more commonly known as the morning-after pill.
The
Society for the Protection of Unborn Children (SPUC) argued Tuesday
that the pill is really a method of abortion and should be subject to
U.K. abortion law, specifically the 1861 Offences Against the Person
Act, which prohibits the distribution of substances that cause miscarriages.
The
group said Levonelle stops an already-formed embryo from implanting
in the lining of a woman's uterus. The pill has been available without
a prescription from British drug stores for over a year, provided women
requesting the drug answer a series of health questions.
Last
year, the SPUC successfully applied for the right to challenge the government's
position on the pill in court. In ruling on the case, the High Court
will be asked to clarify the moment when a pregnancy begins under U.K.
law.
The
SPUC has consistently charged that Levonelle induces abortion, and the
group has clashed with the U.K.'s Advertising Standards Authority over
advertisements making that claim.
SPUC
general secretary Paul Tully said that the group is concerned about
the rising use of the morning-after pill in Britain.
"Even
though there has been a five-fold increase in the use of the pill throughout
the 1990s, the teenage pregnancy rate has also risen over the last decade,"
he said by phone Tuesday. "The government's policy is not working."
British
pro-life and family planning groups were watching the case closely Tuesday.
The Life organization expressed support for the SPUC's "brave initiative."
"It
is enormously important that the lie about what women are doing to their
bodies when they take these so-called 'contraceptive' pills should be
squashed once and for all," said Life Trustee Nuala Scarisbrick.
"(The pill's) chief purpose is not to stop a new life beginning
but to destroy a life begun."
"The
question now is, will the High Court judge have the courage to uncover
the truth?" Scarisbrick said.
Family
planning campaigners are worried that the decision could also affect
the legality of other methods of birth control. Anne Furedi of the British
Pregnancy Advisory Service (BPAS) said a decision in favor of the SPUC
was "untenable."
"Such
a ruling would set a precedent that all methods of contraception that
might affect a fertilized egg would be methods of abortion," she
said. "It's difficult to see how this could work in a modern, civilized
society."
Furedi
said the BPAS would advocate swift government action if the judges ruled
in favor of the pro-life advocates.
"We
would like to be confident that the High Court would reject the application,
but the problem with judicial review cases is that sometimes they can
result in maverick decisions," she said.
The
spokeswoman called the case a publicity stunt on behalf of the SPUC.
"It's
really a piece of cynical mischief-making on their behalf, rather than
an honest attempt to positively influence the law," she said.
Tully,
the SPUC general secretary, acknowledged that the group had little chance
of overturning current law, but blamed the government and the Department
of Health's intractable position.
"They
have very little respect for the principals at stake," Tully said,
noting that the government was prepared to introduce emergency legislation
if the decision went in the SPUC's favor. "We're facing a government
prepared to abuse their own power."
Tully
said he welcomed the possibility that a ruling for his organization
could spark a larger debate about birth control methods.
"The
scope of the action is limited to the morning after pill ... (however)
the case could have larger implications by forcing people to recognize
the methods by which certain birth control devices work," he said.
"The argument from the other side seems to be that they want to
keep their heads in the sand."
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