Kennedy v. Braidwood: How This Supreme Court Case Threatens LGBTQ+ Rights and Healthcare in Nebraska
The U.S. Supreme Court is expected to issue a ruling in Kennedy v. Braidwood by June or July 2025—a decision that could reshape access to preventive healthcare in the United States and have devastating consequences for LGBTQ+ individuals in Nebraska and beyond.
At its center, the case challenges the Affordable Care Act’s (ACA) requirement that insurance plans cover preventive services, including PrEP—a medication that reduces the risk of HIV transmission by nearly 100%. But what began as a targeted attack on HIV prevention for gay and bisexual men has ballooned into a broader constitutional challenge with the potential to strip away cost-free access to essential care for millions of Americans.
What Is Kennedy v. Braidwood?
Kennedy v. Braidwood began when a group of plaintiffs, citing religious objections, filed a lawsuit claiming that the ACA’s mandate to cover PrEP violated their beliefs by “encouraging homosexual behavior.” They argue that forcing insurance coverage for this HIV-prevention drug infringes on their religious freedom.
But the case didn’t stop there. The plaintiffs also raised an argument under the Appointments Clause of the U.S. Constitution, claiming that the U.S. Preventive Services Task Force (USPSTF)—the body that determines which services must be covered under the ACA—lacks proper constitutional authority. If the Court agrees, the entire ACA preventive care framework could be dismantled.
What’s at Stake: PrEP Access and Beyond
While PrEP (pre-exposure prophylaxis) remains a focal point, the implications go much further. A ruling in favor of Braidwood could effectively eliminate the ACA’s guarantee of no-cost preventive services, which currently includes:
HIV prevention (PrEP)
Cancer screenings
Mental health services
Contraception
Cardiovascular screenings
Preventive care for children and pregnant individuals
This shift would hit hardest in communities already struggling to access care—particularly LGBTQ+ Nebraskans, people of color, low-income individuals, and those in rural areas.
In Nebraska, PrEP access is already below national averages. According to public health data, Black and Latinx gay men and rural LGBTQ+ individuals are least likely to access this life-saving medication. Cost is one of the biggest barriers. If insurers are no longer required to cover PrEP at no cost, usage could drop dramatically—and experts estimate that HIV transmission rates could rise by at least 17% in the first year alone.
Why This Matters in Nebraska
This case isn’t just a national issue—it’s a Nebraska issue. Many Nebraskans already face geographic, financial, and systemic barriers to accessing affirming, preventive care. That includes care related to sexual health, mental health, and reproductive rights.
At Zachary W. Anderson Law, we represent LGBTQ+ clients across Nebraska in family law, estate planning, guardianship, and civil rights matters. This case matters deeply to the people we serve. If the Supreme Court undermines the ACA’s preventive care protections, it could widen already dangerous gaps in health equity, especially for trans Nebraskans, nonbinary individuals, queer families, and those living with or at risk for HIV.
What a Ruling Could Mean for Preventive Healthcare Nationwide
A decision in favor of the plaintiffs could trigger a sweeping rollback of protections for preventive healthcare under the ACA. It could allow employers and insurers to opt out of covering preventive care based on religious or ideological objections, leaving millions without access to the services they rely on to stay healthy.
While the lawsuit centers on religious liberty, the practical impact could be a dangerous erosion of public health protections, particularly for vulnerable populations. That includes people who rely on free cancer screenings, contraception, vaccines, STI testing, and chronic disease management tools.
Where We Stand
At Zachary W. Anderson Law, we believe that healthcare access is a civil rights issue. We proudly serve LGBTQ+ Nebraskans and work to protect their legal rights, bodily autonomy, and dignity. If Kennedy v. Braidwood threatens your access to care, know this: we are watching this closely, we are preparing for the potential fallout, and we are standing with you.
Whether the Court rules narrowly or broadly, our firm will continue to advocate for affirming care, safe families, and the legal protections every Nebraskan deserves.
Questions? We’re Here to Help.
If you’re unsure how this case or Nebraska law might affect your family, your insurance coverage, or your access to PrEP and other preventive services, you’re not alone. We’re here to help you understand your rights and explore your options.
Call us at (402) 259-0059 or Email zach@zandersonlaw.com.
Frequently Asked Questions
What is Kennedy v. Braidwood really about?
The case challenges the ACA’s preventive care mandate, specifically objecting to required insurance coverage for PrEP. The plaintiffs argue it violates their religious beliefs and raise a constitutional claim under the Appointments Clause. A ruling in their favor could eliminate no-cost preventive care for many essential health services.
Could this impact more than just PrEP?
Yes. If the Court invalidates the ACA’s preventive care mandate, insurance companies could stop covering cancer screenings, birth control, vaccines, mental health assessments, and more—especially if employers or insurers cite religious or ideological objections.
Why is this especially concerning for LGBTQ+ Nebraskans?
LGBTQ+ Nebraskans already face higher barriers to affirming healthcare. If preventive services like PrEP are no longer covered at no cost, it will disproportionately affect LGBTQ+ individuals, especially in rural areas, and could lead to a rise in preventable illnesses like HIV.
How soon could changes happen?
A decision is expected by June or July 2025. If the Court strikes down the ACA’s preventive care mandate, insurance coverage changes could roll out quickly, depending on how the ruling is implemented by states and insurers.
What can I do if I lose access to PrEP or preventive services?
You may have legal options. Reach out to an attorney who focuses on civil rights or healthcare access. Our firm is prepared to advise LGBTQ+ Nebraskans on how to navigate any fallout from the Court’s decision.