‘Religious freedom’ now threatens PrEP coverage thanks to a Texas judge

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

A federal judge in Texas has sided with two companies that don’t want to pay toward their employees’ PrEP, the medication that, when taken daily, prevents HIV infection.

Judge Reed O’Connor, a Bush appointee for the US District Court for the Northern District of Texas, 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…

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