MADISON, Wis. -- A pharmacist punished for refusing to dispense birth control pills to a college student or to transfer her prescription elsewhere is asking the state Supreme Court to strike down the sanctions.

Neil Noesen claims the sanctions issued by the state Pharmacy Examining Board violated his constitutional rights, specifically his "right of conscience" to religiously oppose birth control.

A Barron County judge and the 3rd District Court of Appeals upheld the board's decision.

Noesen petitioned the Supreme Court on Wednesday to hear his case but the appeal is not automatic. The seven-member court must agree to consider the case.

The dispute involves a University of Wisconsin-Stout student who in 2002 went to Kmart in Menomonie where Noesen worked as a substitute pharmacist.