ruled yesterday that paying for PrEP via the Affordable Care Act (Obamacare) violates the Religious Freedom Restoration Act.Christian businesses Braidwood Management and Kelley Orthodontics brought the case against the US Department of Health.
The former has 70 employees and is owned by Steven Hotze, a conservative activist in Texas.The businesses argued that PrEP conflicted with their owners’ religious beliefs.
They claim paying for PrEP, “forces religious employers to provide coverage for drugs that facilitate and encourage homosexual behavior, prostitution, sexual promiscuity, and intravenous drug use.”This is not the first time Judge O’Connor, described by The Hill as a “notorious Republican”, has taken a swipe at the ACA.
He ruled in 2018 that the entire law was invalid. That judgment was later overruled by the Supreme Court.It is unclear whether the ruling applies nationwide or just to the two businesses concerned.“What happens next remains a wide open question as to whom it affects,” Tim Jost, emeritus professor at the Washington and Lee University School of Law, told CNN.The Biden administration moved swiftly to respond to the ruling.White House press secretary Karine Jean-Pierre tweeted, “The Administration is reviewing today’s decision by the Northern District of Texas.