SPRINGFIELD - The Illinois Supreme Court ruled Thursday that pharmacists can continue pursuing a lawsuit protesting a 2005 decree by Gov. Rod Blagojevich forcing them to sell so-called Plan B emergency contraception pills.

But, the high court said in its 5-2 decision that it would not grant the pharmacists an exception from Blagojevich's rule while their case is pending.

The pharmacists argued their religious beliefs dictate they cannot sell emergency contraception pills.

In 2005, Blagojevich declared that pharmacists across the state must fill the prescriptions, their beliefs notwithstanding.

Women can take the pill after intercourse to prevent an egg from developing. Pharmacist Luke Vander Bleek of Morrison said he opposes the practice, likening it to abortion.

Blagojevich's rule remains in place, but Vander Bleek says he declines to carry the Plan B pills at his pharmacies. He said he doesn't hear complaints.

"We're in defiance of the rule," he said.

The Illinois Department of Financial and Professional Regulation, which administers the rule, issued the following statement in response to the ruling:

"We will continue to enforce the rule that requires pharmacies that sell contraceptives to fill emergency contraceptives/plan B prescriptions when requested, so that women have access to prescription contraception without hassle or delay," the agency said.

Courts had previously ruled that Vander Bleek had to try to work with the state to get relief from the rule. Therefore, he couldn't sue.

Dissenting with the opinion, Justice Charles Freeman argued the pharmacists had other methods other than a lawsuit to protest the rule.

But the Supreme Court said Thursday the lawsuit is valid, and the issue was thrown back to Sangamon County court.

A new hearing could come early next year, said attorney Mark Rienzi.

"It's not going to be another three years, let's put it that way," Rienzi said.

The opinion can be found at: http://www.state.il.us/court/Opinions/SupremeCourt/2008/December/104692.pdf