Trump’s gender-affirming care ban is why we need Congress to grow a spine

https://www.lgbtqnation.com/2025/12/trumps-gender-affirming-care-ban-is-why-we-need-congress-to-grow-a-spine/

Photo of the author

Faefyx Collington (They/Them)December 21, 2025, 4:41 pm EST
May 14, 2024; New York, NY, USA; Speaker of the House Mike Johnson (center), and Vivek Ramaswamy (right) look on while former President Donald Trump speaks to the media alongside his lawyer Todd Blanche before his criminal trial at Manhattan criminal court at the New York State Supreme Court on May 14, 2024. Mandatory Credit: Justin Lane/Pool via USA TODAY NETWORKMay 14, 2024; New York, NY, USA; Speaker of the House Mike Johnson (center), and Vivek Ramaswamy (right) look on while former President Donald Trump speaks to the media alongside his lawyer Todd Blanche before his criminal trial at Manhattan criminal court at the New York State Supreme Court on May 14, 2024. Mandatory Credit: Justin Lane/Pool via USA TODAY NETWORK | Justin Lane/Pool via USA TODAY N

Yesterday’s announcement from Donald Trump’s Department of Health and Human Services (HHS) shows just why the 2026 midterms will matter so much, and why the 11 months of waiting to get there could be so disastrous. We need a Congress that will stand up and snatch back the purse strings as the Founding Fathers originally intended.

In the United States Constitution, Congress is granted the power of the purse: the right to decide how much to spend and on what. Also, importantly, it gets to decide when to remove funding. In the 70s, that was used to pull funding from the Vietnam War. That power does not belong with the Executive Branch, which the Constitution says must “take Care that the Laws be faithfully executed.”

Unfortunately, the Founders likely never imagined people like House Speaker Mike Johnson (R-LA) or Senate Majority Leader John Thune (R-SD), who have been willing to roll over and allow Trump to usurp their power, in violation of the basic concepts behind the checks and balances built into the Constitution.

Trump has been doing plenty of ruling by threatening public funding. But the Trump administration’s new plan to block gender-affirming care for trans youth is possibly the most egregious example so far.

Congress is already working to block gender-affirming care. This week, the House of Representatives passed two gender-affirming care bans for minors, one from Rep. Marjorie Taylor Greene (R-GA) and one from Rep. Dan Crenshaw (R-TX). Those bans are horrific, and we can only pray that the Senate will stop them, but they are at least going through some sort of democratic process.

The Trump administration has a way to move towards a gender-affirming care ban if that is in line with the will of the people and democracy. The HHS proposal doesn’t represent a ban; instead, it’s an end-run on democracy, hoping to conduct a scorched-earth funding pull that they should have no authority to do.

HHS hopes to pull federal funding for any hospitals that provide gender-affirming care to minors. HHS has coined the term “sex-rejecting procedures,” an inaccurate piece of nomenclature carefully designed to target only trans people, and not affect cis people, who actually receive the majority of gender-affirming healthcare.

The HHS funding blocking proposal would pull all federal funding from any institution that conducts any gender-affirming care for trans people, even if patients pay for it without using federal funds. Hospitals will have to either comply with the HHS plans by ceasing gender-affirming care or risk losing all federal funding for all other treatments. Major hospital systems have already cut their programs because of these sorts of threats.

Trans youth and their families would be left seeking institutions that only provide gender-affirming care and forgo all government funding, if such a place even exists. Additionally, the removal of Medicaid coverage could see prices rise.

There will certainly be pushback against this plan, especially from cities and states that have marked themselves as trans sanctuaries. But those challenges will take time, and a small interruption in care or even just the threat of it does huge damage to trans youth. Denial of care has been linked to increased rates of depression and anxiety, and for those who have begun puberty, the physical changes that can happen in a short time can be extremely upsetting.

Trump keeps using threats of pulling federal funding to power his authoritarianism. That tactic is only working because Congress isn’t stopping him and saying, “No, that’s our job.” When Nixon pulled federal funds as a way to end programs with the Environmental Protection Agency (a process called impoundment), Congress passed the Congressional Budget and Impoundment Control Act, which closed loopholes and ensured that the president couldn’t rule this way. The Supreme Court went on to rule in 1975 that the president did not have the power to overrule Congress by impounding funds.

Michael Dorf, a constitutional law professor at Cornell University Law School, spoke with ABC News early in the Trump presidency, when he first started using this trick. “If Congress says you’re spending that much money on the federal programs, that’s how much is being spent. The president cannot stop it even temporarily,” he said. “Congress passed this statue this very particular rules of what exactly the president has to do if he wants to not spend money on money Congress has spent. He can ask Congress to for a recission, but there is a 45-day clock and a bunch of procedures, none of which have been followed by Trump.”

Congress’ move here wasn’t just granting itself new powers, but providing a safeguard to ensure that the power of the purse remained where the Constitution had put it. Republicans are quick to wheel out the Constitution and the will of the Founding Fathers, but all of that seems forgotten under Trump. Instead, Congress is leaving decisions to be drawn out in protracted judicial battles, which ultimately run the risk of landing in the Trump-packed Supreme Court.

(While we’re at it, Congress is also the institution that has the power to do things like rename The John F. Kennedy Memorial Center for the Performing Arts. But they seem to have forgotten that bit of power too.)

All of those federal funding threats work well for Trump, as he and his administration can wave their hands and claim that they’re standing by their promise to cut bloated government spending (all while spending millions in taxpayer money on golfing and Kid Rock). But it all relies on a tactic that shouldn’t even be part of the presidential toolkit.

There might be a lot of justifiable hope in 2026 that things will work out. Elections this year have already shown a big swing away from Trump’s party. Republicans are resigning, opening more seats that the party could lose between now and 2027. And while Congress might be voting on gender-affirming care bans themselves, it took a capitulation to a hardline anti-trans Republican as she was heading out the door to get that to happen.

But we’re only halfway to those midterms, and there’s going to be a lot of pain if the current Congress can’t remember why they’re there for another year.

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How Fox’s OutKick Relentlessly Targeted a Michigan Teen Girl

This is just hate and bigotry.  It is a group of people who hate trans people for some unknown reason and have made their life / career the harassment of trans minors who play sports.   I can not see how this harms this reporter and his group in any way.   To make your life about harming others is a real petty way to exist.  Many conservatives use their religion to justify such hate but the Jesus of the bible never said a word against the entire LGBTQ+ community.   So their hate is internally driven and they must be such miserable people.   So Sad.   The drive to regress the world’s most progressive countries back to an uneducated straight cis white male controlled society is really causing a lot of damage to people and freedom to express your life as you wish.  It seems driven by two groups, the older people who are uncomfortable with the progression of society and younger religious people driven by wealthy religious hate groups.    Hugs


 

https://www.unclosetedmedia.com/p/how-foxs-outkick-relentlessly-targeted

Dan Zaksheske has written 18 articles focused on a trans girl who plays high school volleyball. Why?

In Authoritarianism, Dictators Come for LGBTQ People First. Here’s Why

https://www.unclosetedmedia.com/p/the-latest-attacks-on-queer-rights

New headlines. It feels so good to be caught up.

tRump’s ego / tRump con artist / tRump steals from the taxpayers

WH Insisted FIFA “Peace Prize” Be As Big As World Cup

 

Trump: I’ll Give Myself $1B In My Lawsuit Against DOJ

 

Trump Boasts That He Can Identify A Giraffe [VIDEO]

 

WH Pitches Glitzy $112B Resorts On Gaza’s Rubble

 

 


Horrible people doing horrible things / Elections 

Bannon Gets Turning Point Crowd To Boo Rob Reiner

 

Stefanik Quit Race After Trump Withheld Endorsement

 

GOP Bill Would Authorize Pirates To Attack Drug Boats

 

 


Racism / Hate / DEI / Bigotry

Ramaswamy To Turning Point: Stop Being So Racist

 

State Dept Nominee Has Past Of Antisemitic Writings, Praise For Rioters, Call To Execute Teachers Union Chief

He has additionally espoused a view of the United States as a white, Christian nation, claiming that white people are undergoing a “cultural genocide” and deliberate replacement. 

Multiple Trump nominees have had histories of racist, violent, white supremacist, and even pro-Nazi tweets. But almost all of them still end up being confirmed by Senate Republicans.

 

 

Bessent Spits In Own Food And Storms Out Of DC Restaurant After Confrontation By CODEPINK Activist

 

 


The Ukrainian war 

Orban: “It’s Not Clear” Who Started Russia/Ukraine War

 


Epstein files / protecting tRump

At Least 550 Epstein Pages Are Entirely Blacked Out

 

Massie Blasts DOJ’s Partial Epstein Release As Illegal

 

DOJ Deletes Epstein Doc Containing Trump Photos

NPR identified more than a dozen files released by the DOJ on Friday that are no longer available Saturday afternoon, including one that shows President Trump’s photo on a desk among several other photographs. The removed files also show various works of art, including those containing nudity.

 

 


Health / US healthcare system

NYC Hit Hardest In Spreading “Super Flu” Outbreak

Trump: Lowering Drug Costs 800% Will Win Midterms

“Prices will be dropping by 300, 400, 500, 600, 700, and even 800%!

 

 

At USF Tampa, Christian supremacists mock, spit, and wave bacon at praying Muslim students

At USF Tampa, Christian supremacists mock, spit, and wave bacon at praying Muslim students

 

University of South Florida, TampaUSF logo. By Seán Kinane/WMNF News (Aug. 2015).

In Florida, maliciously disturbing a religious gathering is a first-degree misdemeanor, or a third-degree felony with hate crime enhancement.

by Valerie Smith – Creative Loafing; shared as part of the Tampa Bay Journalism Project

Composite image of three vertical panels: (Left) A man in a cap looking up in profile; (Center) A man with a beard wearing a white robe and turban, with the text "12th IMAM SAYS JESUS IS GOD" in large blue letters; (Right) A young man in a light blue shirt smiling over his shoulder.(L-R) Richard Penkoski, Christopher Svochak, and Ricardo.Credit: Screengrab via Warriors for Christ / YouTube

A video posted to Instagram by the University of South Florida’s Muslim Student Association (MSA) shows three men interrupting students during their morning prayer, spitting and yelling at them, and waving strips of bacon at them. USF said that their police department is currently gathering evidence and anticipates asking the state attorney to bring criminal charges.

Last Tuesday morning, Nov. 18, several MSA members gathered on top of a parking garage on USF’s Tampa campus for Fajr, Islam’s morning prayer. A livestream by Warriors for Christ—an organization recognized by the SPLC as a hate group—shows Muslim students kneeling in prayer as one of the men, identified in the video only as Ricardo, approaches with a painted cardboard box that reads “KAABA 2.0 JESUS IS LORD.” The Kaaba is a stone building at the center of the holiest site in Islam. While praying, Muslims face the geographical direction of the Kaaba.

The man sets up the box in front of the crowd while two other men, identifiable via their social medias (where they posted the video along with many other similar videos at other locations) as Richard Penkoski of Oklahoma and Christopher Svochak of Illinois, start to “insult” the Muslim prophet, Muhammad, in obscene and sexual ways. One of the men calls them all terrorists. “Go back to Mecca,” he shouts.

At one point, Penkoski brings out a small Wawa container with bacon in it and waves it around while snacking from it.

“We do care about you, so we brought you some bacon,” Penkoski says. “It’s really good. Bacon? Bacon? Anybody?”

Like all pork products, bacon is considered haram, meaning Islam’s rules forbid eating it. All of the students remain kneeling and continue on with their prayer.

“I spit on the grave of Muhammad,” the man identified as Ricardo says before spitting on the ground within a few feet of the students, who are still praying on the ground.

“Take that towel off of your head,” he says, pointing to a woman in the back wearing a religious head covering. At this point, after several minutes of the men shouting at the largely silent students, Ricardo lunges towards a student and points his finger in his face, prompting the student to briefly grab his wrist. Immediately, all three Christian men say this is evidence that Islam is a violent religion.

“This is not how you preach,” one of the students can be heard saying. “Brother, you’re harassing us,” he says to Penkoski.

“You’re not my brother,” Penkoski responds. “This isn’t harassment; this is free speech. But thank you for doing what you did to give us more ammo to prove you’re a bunch of violent psychopaths.”

The video continues like this until the students leave and the Christian content creators do the same. “That was awesome. That was fun,” one of the men can be heard saying as they walk away.

“By the way, don’t ever spit on the ground. It’s actually illegal,” one of the Christians says to the man identified as Ricardo. “What? Spitting on the ground?” “Yes, it’s illegal.” “Well, uh, I didn’t know that.”

Penkoski later posted a screenshot from the MSA group chat, in which one member gives an update on legal proceedings with the state attorney’s office.

“It’s not a hate crime,” Penkoski writes in the caption. “For a ‘hate crime’ to exist, there has to be an actual crime first.”

  • Florida Statute 871.01, which makes disrupting religious assembly a crime, reads: “Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God, … commits a misdemeanor of the first degree.” In Florida, a first-degree misdemeanor is punishable by up to a $1,000 fine and one year in prison.
  • Florida Statute 775.085 contains rules for hate crime enhancement when there is evidenced prejudice against “race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim.” This bumps first-degree misdemeanors up to third-degree felonies. Third-degree felonies are punishable by up to $5,000 in fines and five years in prison.
  • Florida Statute 784.0493 deals with harassment based on religious or ethnic heritage. It makes it illegal (first-degree misdemeanor) to “willfully and maliciously harass or intimidate another person based on the person’s wearing or displaying of any indicia relating to any religious or ethnic heritage.”

The man, identified as Ricardo repeatedly told two women with religious head coverings to “get that towel off your head,” and called one a “wicked woman” and a “Jezebel dog.”

As the men left the parking garage, Svochak spoke to the camera, saying Jesus helped him and Penkoski beat drug addiction.

“What did he save you from?” Penkoski asks Ricardo. “I used to be a heathen,” Ricardo replies.

The state attorney typically decides what initial charges to bring. The 13th Circuit State Attorney’s Office has plans to speak with Creative Loafing Tampa Bay this morning, but as a policy it waits to start a case until police send investigative information along.

statement issued by USF says that campus police are still trying to identify the men in the video. USF also said that it has reached out to the affected students, and will issue trespass warnings to the men who interrupted the prayer. They anticipate referring the perpetrators to the state attorney for criminal charges.

This wouldn’t be the first time Penkoski found himself in court over a stunt. The Christian content creator takes videos of himself and others “street preaching,” often insulting and demeaning nearby targets. Penkoski uploads the videos to his social media accounts and makes other targeted posts and includes a donation link through a Venmo account under his wife’s name.

In 2022, Penkoski was accused of targeting two leaders of Oklahoma for Equality, who later filed for a protective order against him. They were granted the protective order, but it was overturned on appeal by the Oklahoma Supreme Court in a 5-4 decision, since Penkoski was targeting organizations rather than individuals.

Penkoski has also been the plaintiff in several legal battles, including an attempt to overturn federal marriage equality for gay couples, a suit against the mayor of Washington D.C. for allowing a “Black Lives Matter” mural, and a lawsuit against a school district that sent his daughter home for wearing a shirt that said “homosexuality is a sin.”

CAIR Florida has called for a hate crime probe for this and another similar incident that took place in Florida. 

Svochak gave this reporter a statement about his religious beliefs over Instagram DM, but would not answer specific questions. Svochak, who is affiliated with the recognized hate group Warriors for Christ, said that he is trying to spread Jesus’ message of love.

From Alabama to Alberta: How Canada is Pulling from America’s Anti-Trans Playbook

https://www.unclosetedmedia.com/p/from-alabama-to-alberta-how-canada

An Uncloseted Media investigation finds that Alberta’s government is using many of the same tactics that were used to pass anti-LGBTQ bills in the Deep South.

In Authoritarianism, Dictators Come for LGBTQ People First. Here’s Why

https://www.unclosetedmedia.com/p/the-latest-attacks-on-queer-rights

The No King’s Protest underscores how many believe Trump’s attacks on queer rights are putting American democracy in peril

James Uthmeier recounts successes to Moms for Liberty

James Uthmeier recounts successes to Moms for Liberty

‘Our first priority must always be protecting our kids.’

Attorney General James Uthmeier had a lot to celebrate in his speech at the Moms for Liberty Joyful Warriors Summit.

Uthmeier focused on how he’s working to ensure that concerned parents can continue their “movement … based on faith, based on family, ensuring that we have the freedom to raise our kids in God’s image.”

“I’m about eight months on the job now as Attorney General, and as I tell my team every day, our No. 1 priority is, and will always be, protecting our kids. There’s a lot of evil out there. There’s a lot of evil, a lot of danger. There will always be crime, no matter how much we fight it. But our first priority must always be protecting our kids,” he said to applause.

Uthmeier went on to describe his Office’s legal actions against Target for its “transgender children’s clothing line” with “bras for little boys, some tuckable underwear.”

“Gross. Absolutely disgusting,” he said. “We’re going to hit them in their wallets.”

He also took aim at Snapchat in his remarks.

“Predators are all over that app, all the apps, but that one in particular. It’s their preferred vehicle to go after kids,” Uthmeier said.

“And they’re crafty, they’re smart, they’re patient. They’ll use fake pictures. They’ll talk in a dialect. They’ll get your kids to, you know, drop their guard. They’ll tap into their insecurities, and they’re willing to spend weeks or months to develop a relationship before they start soliciting information, soliciting photos, soliciting locations. And since we’ve sued them, we’ve made dozens of arrests of child predators that have gone after kids through this app.”

Uthmeier also described how his Office is able to enforce the law, including by serving as a “law firm for parents out there” who might be concerned by what school districts do.

“If you’re identifying one of these wrongs that’s violating your rights and that’s subjecting our kids to danger and evil, then we want to know about it, and we’re going to bring the heat in court to shut it down.”

The AG also quipped about a recent call to people to report their exes for immigration violations, noting one gender predominantly was dropping the dime on the other.

“Y’all ladies are savage, I’ve got to tell you. These calls come in and these ladies, I mean, they’ve got date of birth, nickname, frequented bars. I mean, all the details. So to the handful of men out there, treat your women right or they will absolutely get you.”

 

“Victory For Love”: European Union Countries Must Respect Same-Sex Marriages, Per Court Ruling

https://www.them.us/story/european-union-same-sex-marriage-recognize-poland-court-ruling

The ruling came after a Polish couple sued to have its German marriage recognized.

The European Union and Pride flags flying beside each other.
picture alliance/Getty Images

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The European Union’s (EU) highest court has ruled that EU countries must recognize same-sex marriages between EU citizens lawfully conducted in another EU country, even if same-sex marriage is not legal in their home country.

On Tuesday, November 25, the Court of Justice of the European Union ruled that Poland must recognize the marriage of a same-sex Polish couple who married in Berlin while living in Germany in 2018. When the couple — who have only been identified by their initials in the case — returned to Poland and requested that their German marriage certificate be transcribed into the Polish civil register, authorities refused, because Polish law doesn’t permit same-sex marriages or civil partnerships. When the couple challenged that refusal, the Polish Supreme Administrative Court referred it to the Court of Justice.

“The spouses in question, as EU citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin,” the court said in a press release.

The court added that “such a refusal is contrary to EU law” and “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”

“This ruling is historic,” Pawel Knut, a lawyer representing the couple involved in the lawsuit, said in a statement, per Reuters. “It marks a new beginning in the fight for equality and equal treatment

MEP Emma Wiesner Meanwhile, during a Tuesday press conference in Strasbourg, France, Swedish MEP Emma Wiesner called the ruling “a great victory for love.”

The court also clarified that the ruling does not require member nations to subsequently legalize same-sex marriage in their national laws. While member states enjoy a “margin of discretion” to choose the procedures for recognizing a marriage conducted in another EU country, “those procedures must not render such recognition impossible or excessively difficult or discriminate against same-sex couples on account of their sexual orientation.”

The Guardian reports that although Poland’s prime minister, Donald Tusk, has been working on a same-sex marriage bill, his efforts have been met with resistance from Polish president Karol Nawrocki, an ally of the country’s right-wing, anti-LGBTQ+ Law and Justice party. Nawrocki has said that he would veto “any bill that would undermine the constitutionally protected status of marriage.”

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Japan’s same-sex marriage ban is constitutional, says Tokyo court: ‘A significant step backwards’

https://www.thepinknews.com/2025/11/28/japan-same-sex-marriage-ban-constitutional/