New religious freedom law in West Virginia gains heat from LGBTQ, abortion advocates

West Virginia Gov. Jim Justice signed a law Thursday described by supporters as a tool to protect religious freedom but labeled a "license to discriminate" by LGBTQ rights advocates.

The Republican governor quietly signed the "Equal Protection for Religion Act" the same day as protesters rallied at the state Capitol against a different bill that would outlaw certain health care for transgender minors, including hormone therapy.

The religious freedom bill signed by Justice stipulates the government would not be able to "substantially burden" someone’s constitutional right to freedom of religion unless doing so "is essential to further a compelling governmental interest."

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In cases where the government can prove to the courts there is a "compelling interest" to restrict that right, government officials must demonstrate that religious freedoms are being infringed upon in "the least restrictive means" possible.

At least 23 other states have similar religious freedom restoration acts. The laws are modeled after the federal Religious Freedom Restoration Act, signed in 1993 by then-President Bill Clinton, which allows federal regulations that interfere with religious beliefs to be challenged.

Supporters have asserted the bill is meant to protect all people against religious discrimination and is not aimed at any particular group. They’ve described it as a "judicial test" for courts to apply when people challenge government regulations they believe interfere with their constitutional right to religious freedom.

Before the bill passed the Senate last month, GOP Sen. Amy Grady said there’s been a lot of misinformation circulating about the measure: "We can’t violate somebody’s civil rights or human rights."

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Grady, the Senate Education chair, said the bill is "not going to harm the people of West Virginia."

"The bottom line is we shouldn’t punish someone for practicing their religion unless there’s a very good reason to do so," she said.

Democratic Sen. Mike Caputo of Marion County expressed concern that the bill could put nondiscrimination laws or ordinances that protect LGBTQ groups "in jeopardy."

Earlier that month, House GOP lawmakers rejected a Democratic-proposed amendment last month that would have barred the law from being used to discriminate.

The bill also dictates the proposed law could not be used as an argument to defend abortion, which was effectively banned by West Virginia lawmakers last year. The provision was included as abortion rights groups are challenging abortion bans in some states by arguing the bans violate the religious rights of people with different beliefs.

Adderall and Ozempic are in the spotlight amid widespread drug shortages in US

Across the nation, pharmacists are struggling to fill prescriptions for vital medicines on which patients have long relied. 

From long-time essentials such as albuterol for asthma and Adderall for ADHD, to more recently popular drugs like Ozempic for diabetes, shelves are running dry and forcing professionals to scramble to meet their patients’ needs. 

"I've been a pharmacist for 40 years and I've never seen it this bad for this long," John Seymour, a longtime pharmacist based in Virginia, told Fox News. 

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"It's a combination of many of these things, of increased demand — and the supply chain just hasn't kept up with it," he said.

The FDA’s drug shortage database currently lists more than 100 medications that are in short supply.

Seymour, who owns a small chain of independent pharmacies in Virginia, told Fox News he has been forced to coordinate with physicians, customers and his three stores to try a patchwork approach to filling prescriptions that are in short supply. 

"From a provider and a caring aspect, it's frustrating when you can't provide for people who need your assistance," Seymour said.

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In some cases, such as with Ozempic, there are no generic alternatives for him to use. 

When supply runs out, his hands are tied. 

"The Ozempic indication isn't there for weight loss, but a lot of doctors are actually writing it for weight loss," Seymour said. 

"Those things create a demand that is somewhat artificial."

Seymour said he hasn’t been able to keep up with the demand of Ozempic after the drug made headlines for its use among celebrities and influencers for weight loss. 

The FDA has yet to approve the diabetes drug for weight loss, but that hasn’t stopped physicians and patients from using it off label. 

In a statement to Fox News, Novo Nordisk, the maker of Ozempic, told Fox News the company does not "promote, suggest, or encourage" off-label use of its medicines. 

The manufacturer also said it is ramping up production in an effort to meet demand and end the shortages in the next couple of months. 

On the other side of this dilemma are people such as Tammi Largent, a Florida woman who has long relied on Ozempic to help manage her diabetes. 

"The importance of it is to try to maintain that balance, and bouncing around on the dosage with the Ozempic has caused some issues," Largent told Fox News. 

"But to be able to get on my required dose and stay on it helps me stay healthy."

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Largent said she was put into a lottery at her pharmacy due to the limited supply of Ozempic available. 

"It’s not guaranteed that I’ll get the Ozempic again when it’s time for refill," she said. 

While Ozempic may soon be resupplied, the shortages of Adderall and its generic counterparts are expected to be in short supply more indefinitely. That's due to federal constraints on manufacturing and an explosion of ADHD diagnoses during the pandemic. 

"The impact that the DEA has on the supply chain is that they limit the manufacturing and the raw materials … for these manufacturers," Seymour said. 

"In this situation, there’s just an issue with the throttling of the supply for an entire class of drugs." 

With the supply of Adderall being limited by the Drug Enforcement Agency, federal players are increasingly looking to address the issue from the top down. 

One such person is Rep. Abigail Spanberger, D-Va., who has been speaking to constituents about the toll the shortage is taking on their families. 

These conversations have prompted her to take action. 

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"I have written letters to the FDA and DEA really asking a lot of questions about what it is that they’re seeing in terms of these shortages," Rep. Spanberger told Fox News. 

"I think that they must be engaged and involved partners in understanding how these shortages could have occurred and ensuring that ultimately we don’t see them in the future." 

Recently, a spokesperson for Rep. Spanberger’s office told Fox News that the congresswoman spoke with DEA Administrator Anne Milgram and had a productive conversation about efforts and plans to address the ADHD medicine shortages. 

"Ultimately, the goal here is to recognize how these shortages could have happened so that we can put some efforts at resiliency, building resiliency in the supply chain," Rep. Spanberger said. 

She has also reintroduced the PREPARE Act, which would create an emergency reserve of ingredients and reshore the production of essential drugs. 

"The legislation would require us to develop a domestic supply and stockpile active pharmaceutical ingredients for those necessary essential medications as outlined by the FDA," she said.

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The legislation would join growing bipartisan calls to return essential manufacturing and production to the United States following the COVID pandemic

"We don't have that kind of ability to do the same thing in India or China or France or Germany or wherever these other places might be producing these," pharmacist Seymour said. 

"So bringing it back domestically — I don't see a downside to that at all," he said. "I don't see that it would cause us any issue at all from a supply standpoint." 

Though the drug shortages are many and their causes are myriad, one thing is for certain: Pharmacists, patients and lawmakers are going to continue to grapple with the issue for the foreseeable future.