A Federal Decide in Texas Finds PrEP Protection Mandate Violates Spiritual Freedom


SAN ANSELMO, CA - NOVEMBER 23: Antiretroviral pills Truvada sit on a tray at Jack's Pharmacy on November 23, 2010 in San Anselmo, California. A study published by the New England Journal of Medicine showed that men who took the daily antiretroviral pill Truvada significantly reduced their risk of contracting HIV. (Photo Illustration by Justin Sullivan/Getty Images)

A federal decide in Texas delivered a blow to the affordability and accessibility of the HIV prevention drug PrEP within the state. On Sept. 7, Decide Reed O’Connor of the Northern District released his opinion deeming employers not accountable for offering protection of the drug, clinically named pre-exposure prophylaxis. PrEP is a key preventative service protected below the Reasonably priced Care Act, however O’Connor discovered that the supply of the ACA mandating that employers present free protection of PrEP with no value sharing to be in violation of their spiritual freedom.

The grievance was first filed in 2020 as Kelley v. Becerra earlier than being renamed Braidwood Administration v. Becerra, allegedly due partly to the adverse consideration the case initially obtained, stories the Advocate. The plaintiffs expressed disapproval of not solely the drug mandate but additionally the drug itself. The doc said one plaintiff “can be a Christian, and he’s subsequently unwilling to buy medical insurance that subsidizes abortifacient contraception or PrEP medicine that encourage gay conduct or intravenous drug use.”

O’Connor, who was nominated by former president George W. Bush in 2007, sided with the plaintiffs, discovering the mandate to be in violation of the Spiritual Freedom Restoration Act. The decide additionally claimed the federal government’s Preventive Providers Activity Pressure didn’t efficiently argue why employers are required to subsidize PrEP, regardless of the drug costing individuals up to $2,000 a month with out satisfactory insurance coverage protection. “Defendants define a generalized coverage to fight the unfold of HIV, however they supply no proof connecting that coverage to employers,” O’Connor mentioned, “nor do they supply proof distinguishing potential spiritual exemptions from current secular exemptions.”

GLAAD responded to information of the ruling on Twitter, writing, “Stopping HIV is a public well being crucial and must be a precedence for all corporations. Efforts to disclaim protection pose a risk to public well being and security.”

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