Advancing Life and Liberty Through Action
Dec 4, 2025
Close the Obamacare abortion and “trans” loopholes
It is outrageous that we are still fighting over whether our tax dollars should pay for abortions or harm children with puberty blockers, hormones, and mutilating surgeries. But abortion and “trans” payouts through the Obamacare loopholes are a topic of intense debate in Congress.
Nothing in the Affordable Care Act (Obamacare) stops federally subsidized plans from paying for abortions as long as the dollars are routed through state or private channels. Some states even require Obamacare exchange plans to include abortion coverage in this federal/state partnership.
And now, the fight has reached a boiling point. Demand that Congress stop Obamacare from funding abortion and the “trans” agenda.
The federal Hyde Amendment prevents tax dollars from being used directly for abortions — but it does not prohibit Obamacare plans from covering abortion procedures. We are funding the slaughter of children through these loopholes.
Abortions clinics are essentially laundering our tax dollars through these state exchanges, and our money ends up in the pockets of abortionists.
House Minority Leader Hakeem Jeffries (D-NY) has launched a discharge petition to force a vote to lock in Obamacare subsidies for three more years — with abortion coverage and trans drug coverage intact.
Republicans in swing districts are under pressure to cave with 24 million voters on Obamacare.
Sen. Josh Hawley (R-MO) has introduced — S 3011, the Prohibiting Abortion & Transgender Procedures on the Exchanges Act — to close all of these deadly abortion and trans loopholes.
This bill faces opposition. Some think it is “radioactive.” Why? Because it would stop abortion and “trans” clinics from siphoning money from the Obamacare exchanges.
S 3011 is straightforward:
It prohibits any Obamacare exchange plan from covering abortion procedures.
It prohibits exchange plans from covering puberty blockers, hormones, and mutilating surgeries for minors.
It prohibits federal subsidies from flowing to any exchange plan that includes such coverage.
It enforces penalties for insurers that violate the law.
This is exactly the reform we need.
That is why your voice right now is so critical.
The abortion industry and the gender lobby see the exchanges as a gold mine — guaranteed taxpayer subsidies. The loopholes inside Obamacare have been propping up abortion coverage for more than a decade.
Congress needs to know Americans will not stand another day of forced taxpayer participation in murder and mutilation. When the government pays for an abortion, the government forces us to help kill a child. When the government subsidizes trans drugs or surgeries for minors, the government forces us to destroy a healthy body the way God created it.
This is a moral crisis disguised as a budgeting exercise.
Republicans are being told to “just drop the abortion fight.” Democrats are using procedural tricks like the discharge petition. The abortion and trans lobby are pouring money into D.C. to keep these loopholes.
That is why Liberty Counsel Action is responding. We are briefing offices on the Hill, circulating the key language of S 3011, and pressing both chambers to close these loopholes. But we need your support.
For life and liberty,
Mat Staver, Chairman
John Stemberger, President
Liberty Counsel Action
TAKE ACTION
Congress must hear from you immediately.
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Sources:
Brooks, Emily. “The Movement: ObamaCare abortion demands serve as serious test for Republicans.” The Hill, December 2, 2025. Thehill.com/newsletters/the-movement/5628884-the-movement-obamacare-abortion-demands-serve-as-serious-test-for-republicans/.
“Hawley Introduces Bill Banning Abortion and Gender-Transitions for Minors on the Healthcare Exchanges,” United States Senate: Josh Hawley, October 15, 2025. Hawley.senate.gov/hawley-introduces-bill-banning-abortion-and-gender-transitions-for-minors-on-the-healthcare-exchanges/.
Norris, Louise. “Do health insurance plans in ACA’s exchanges cover abortion?” HealthInsurance.org, February 28, 2025. Healthinsurance.org/faqs/do-health-insurance-plans-in-acas-exchanges-cover-abortion/.
S.3011 – Prohibiting Abortion & Transgender Procedures on the Exchanges Act. Congress.gov, 119th Congress (2025–2026). Congress.gov/bill/119th-congress/senate-bill/3011/text.
Sobel, Laurie, Alina Salganicoff, and Rolonda Donelson. “Deja Vu — The Future of Abortion Coverage in ACA Marketplace Plans.” KFF, September 26, 2025. KFF.org/womens-health-policy/deja-vu-the-future-of-abortion-coverage-in-aca-marketplace-plans/.