Kennedy v. Braidwood: How This Supreme Court Case Threatens LGBTQ+ Rights and Healthcare in Nebraska

The U.S. Supreme Court is preparing to issue a decision in Kennedy v. Braidwood—a case that could have devastating consequences for LGBTQ+ rights in Nebraska and across the country. The case began as a direct attack on insurance coverage for PrEP (pre-exposure prophylaxis), a medication that reduces the risk of HIV transmission by nearly 100%. For gay and bisexual men, PrEP is a cornerstone of HIV prevention.

But the legal challenge has since expanded far beyond PrEP. If the Court rules in favor of Braidwood, it could effectively gut the Affordable Care Act’s (ACA) requirement that insurance plans cover a wide range of preventive healthcare services without cost-sharing. This would put critical protections at risk for millions—including LGBTQ+ Nebraskans.

Oral arguments in this case were heard earlier this year, and a decision is expected by June or July 2025.

At its core, the case is driven by discriminatory intent. The plaintiffs argue that covering PrEP “encourages homosexual behavior” and violates their religious beliefs. They also raise an “Appointments Clause” argument, claiming that the body that determines which services must be covered under the ACA lacks proper constitutional authority. If successful, this argument could undermine not just PrEP coverage, but the entire ACA preventive services mandate.

Why does this matter so deeply here in Nebraska? Because LGBTQ+ Nebraskans already face significant barriers to accessing affirming healthcare. PrEP access in Nebraska is lower than national averages—particularly for Black and Latinx gay men and for rural LGBTQ+ communities. Cost remains one of the most commonly cited barriers. If free coverage is eliminated, PrEP use will drop—and experts predict HIV transmission could rise by at least 17% in the first year alone (according to recent public health research). That would reverse decades of progress toward ending the HIV epidemic.

And it’s not just about PrEP. If the Court sides with Braidwood, cancer screenings, heart disease prevention, contraception, and mental health services could all be subject to religious or ideological objections. For trans and nonbinary Nebraskans, LGBTQ+ people of color, and low-income Nebraskans—groups already at higher risk for health disparities—this would be catastrophic.

At Zachary W. Anderson Law, this fight is personal. We are an LGBTQ+ affirming law firm serving clients in LGBTQ+ rights Nebraska, LGBTQ+ family law Nebraska, LGBTQ+ estate planning Nebraska, and HIV prevention Nebraska advocacy. Our mission is to protect the dignity, safety, and legal rights of our community—and healthcare access is a core part of that mission.

When religious objections are used to strip away basic healthcare protections, it undermines both public health and civil rights. While Kennedy v. Braidwood began as an attack on the gay community, its potential consequences will touch countless lives. We are watching this case closely, and we are committed to standing with our LGBTQ+ clients and families here in Nebraska—no matter how the Court rules.

If you have questions about how this case or Nebraska laws may affect your rights, your healthcare access, or your family, please reach out. We are here for you. You can contact Zachary W. Anderson Law at (402) 259-0059 or zach@zandersonlaw.com.