Texas judge’s ‘homophobic’ and ‘disturbing’ ruling means many could lose access to PrEP
The ruling has been described as "open homophobia".
Words: Alastair James
A judge in the US state of Texas has ruled that employers don’t have to cover employees’ access to the HIV preventative drug, PrEP on the basis that doing so violates religious freedoms.
In a ruling on Wednesday (7 September) Judge Reed O’Connor sided with a Christian-backed company, Braidwood Management despite recognising “the benefits of PrEP use by a portion of the population extend to the broader public.”
In his judgment, O’Connor notes that Braidwood, which argued against having to provide the HIV medication, “does not dispute the government’s compelling interest in preventing the spread of infectious disease, the severity of HIV, or the effectiveness of PrEP drugs.”
But ultimately the judge agreed with Braidwood Management, that companies providing PrEP coverage in their insurance “enable[s and encourages] homosexual behavior,” and therefore violates religious freedoms.
Despite recognising the effectiveness of PrEP in reducing HIV transmission (by up to 99 percent from sex) O’Connor says there has been “no evidence connecting that policy to employers such as Braidwood.”
“Thus, defendants have not carried their burden to show that the PrEP mandate furthers a compelling governmental interest,” he continues.
He also upheld the argument from Braidwood that the Preventive Services Task Force (PSTF) which recommends what should be covered by the Affordable Care Act, is unconstitutional because it “wields a power to compel private action that resembles legislative authority.”
Legal experts in the US have reacted with a mixture of reactions given O’ Connor’s reputation for making anti-LGBTQ rulings and siding with conservative complaints.
O’Connor also has a history of anti-LGBTQ rulings, both as to marriage and Title IX’s sex discrimination ban.
He also has a history of overstepping, even in this era, and his rulings have repeatedly been reversed on appeal or effectively overturned by contrary SCOTUS opinions.
— Chris “Subscribe to Law Dork!” Geidner (@chrisgeidner) September 7, 2022
Anthony Michael Kreis tweeted the ruling is “an example of every person becoming a law unto themself in the name of religion but for the sole purpose of subordinating gay men and trans women.”
Let us be clear: PrEP is essential to combating the transmission of HIV and keeping the public healthy. Today’s ruling from Texas is an example of every person becoming a law unto themself in the name of religion but for the sole purpose of subordinating gay men and trans women.
— Anthony Michael Kreis (@AnthonyMKreis) September 7, 2022
Meanwhile Democratic House speaker, Nancy Pelosi said the “disturbing decision amounts to open homophobia” and warning that “This decision also threatens vital preventative health services guaranteed under the Affordable Care Act, including birth control, vaccinations and routine health screenings.”
The White House press secretary, Karine Jean-Pierre, said the policy and ruling would be reviewed.