The Signal Through the Noise

Key Insights

1. The US v. Skrmetti decision, which effectively permits state bans on gender-affirming care for minors to stay in effect, was a setback for the LGBTQ+ community and allies. For businesses, it prompts a needed exploration of employee benefits and coverage, workforce mobility, legal risks and compliance, and workplace culture to continue to support employees.  
2. Employers with Affordable Care Act (ACA)-covered or compliant plans must continue to offer Pre-Exposure Prophylaxis (PrEP) and other essential health care with no cost sharing for enrollees after the Supreme Court decision in Kennedy v. Braidwood. 
3. New cases impacting the LGBTQ+ community, including one on the constitutionality of “conversion therapy” bans and blanket bans on transgender student participation in sports, will be heard by the Supreme Court in the October 2025 term that ends summer of 2026.