A Texas man has enlisted the ACLU to help him sue CVS for gender discrimination after a pharmacist refused to sell him emergency contraception.

Jason Melbourne had already visited four pharmacies in search of Plan B for his wife when he was referred to a CVS in Mesquite, Texas, some 15 miles away from his home. They had one box left:

But when he finally got there, the overnight pharmacist, Minni Matthew, told Melbourne she wasn’t going to sell it to him.

In order for him to buy the meds, the pharmacist said, she’d need to talk to and see the ID of his wife, who was at home with their two young children. He asked why, and she pointed to the fine print on the medication’s box, which says it can only be sold to someone age 17 or older. Melbourne pointed out that he was well over 17.

‘I’ve bought this plenty of times in my life, and it’s never been a problem,’ he said. ‘Are you telling me every other place I’ve bought it from has been wrong?’

Didn’t matter, Matthew said, since the medicine obviously wasn’t for him.

‘Why don’t you show me the law that says you can’t sell this to a man?’ Melbourne replied.