Christians sued over PrEP coverage because it supports “homosexual behavior.” SCOTUS shut them down.

Three of the Republican-appointed justices sided with the Democratic-appointed justices to save the coverage.

Truvada for PrEP, an HIV antiretroviral drug
Photo: Wikimedia Commons

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).

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 owner’s religion opposes homosexuality.

Their argument, though, was that the task force itself wasn’t…

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