Christians sued over PrEP coverage because it supports homosexual behavior. SCOTUS shut them down.
The Supreme Court ruled 6-3 in favor of a federal law that requires health insurers to provide coverage for preventative treatments recommended by a federal task force in Kennedy v. Braidwood. These treatments include PrEP, which a Christian company in Texas sued over, claiming that covering PrEP violates their freedom of religion because it encourages and facilitates homosexual behavior. The majority was ideologically diverse, with the Democratic appointees Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan joining with three of the Republican appointees Justices Brett Kavanaugh, John Roberts, and Amy Coney Barrett to protect the provision in the Affordable Care Act (ACA, also known as Obamacare). Related Supreme Court could let RFK decide whether your insurance company covers PrEP A company wanted to stop covering PrEP because it facilitates homosexual behavior. They could upend preventative care for everyone now. The ACA requires insurers to cover preventative care recommended by the U.S. Preventive Services Task Force, which, since 2019, includes PrEP, the medication regimen that can prevent the transmission of HIV. Braidwood Management sued over this recommendation, saying that they had a constitutional right not to provide coverage for PrEP because the business owners religion opposes homosexuality. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today Their argument, though, was that the task force itself wasnt legitimate and violated the Constitutions Appointments Clause. A lower court judge agreed, and an appeals court partly upheld his ruling, putting all of the task forces recommendations in jeopardy, which included prenatal nutritional supplements, physical therapy for older Americans to prevent falls, lung cancer screenings, and colo-rectal cancer screenings, preventative health care measures that save an estimated 10,000 to 20,000 lives a year. The rulings would have given the task forces authority to Health and Human Services (HHS) Secretary Robert Kennedy Jr. Kennedy has a long history of making false claims about HIV and AIDS, including spreading doubt about HIV causing AIDS and suggesting that AIDS is caused by poppers and a gay lifestyle, not a virus.The Biden administration appealed the decision to the Supreme Court, and the current administration maintained the same position that the Biden administration had taken, showing rare bipartisan agreement on an issue.Writing for the majority, Justice Brett Kavanaugh said that the Task Force members are not principal officers and therefore dont have to be appointed by the president and confirmed by the Senate. Instead, theyre inferior officers who can be appointed and removed by the HHS secretary.So Task Force members are supervised and directed by the Secretary, who in turn answers to the President, preserving the chain of command in Article II, Kavanaugh wrote. LGBTQ+ advocates welcomed the ruling.This decision means millions of Americans, for now, can breathe easier, knowing that critical preventive care remains within reachnot a luxury reserved for the privileged few, said HRC President Kelley Robinson in a statement. The LGBTQ+ community has historically faced societal and economic barriers that have worsened health outcomes and widened gaps in healthcare inequalitybarriers that have only grown worse as anti-equality lawmakers continue to attack our healthcare.While were pleased that the Supreme Court has blocked this attempt to create even more burdens on people seeking lifesaving care, we must remain vigilant. The HHS, under Secretary Robert F. Kennedy Jr, has exhibited an open hostility toward the health needs of LGBTQ+ people and has already undermined critical protections against HIV. We must continue to work to ensure everyone, no matter your sexual orientation, gender identity, race, income, or location, can access the care they need to thrive.The ruling comes the same day as the Supreme Courts ruling in Mahmoud v. Taylor, where the Court ruled that parents have a constitutional right to opt their kids out of discussions of LGBTQ+ people in schools.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.