They have made the same argument about buying insurance that covers PreP, claiming that both benefits make them “complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.” But so far, courts have not been friendly to those arguments.
This agreement is hardly the last word. The deal determines only what benefits health insurance plans must provide while this case is being litigated. The judges will soon weigh in on the merits of the case itself — whether the ACA’s preventive services requirement is constitutional at all — and could still decide to undo that mandate entirely. Doing so could open up consumers, particularly women and LGBTQ+ people, who are more likely to use these benefits, to health costs that they have not had to pay for years, gutting one of the health law’s most significant gender-based benefits.
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