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Recognition, freedom, and the assault on transgender existence

By Sam Ben-Meir - posted Wednesday, 31 December 2025


Recent efforts to withdraw federal funding from hospitals that provide gender-affirming care to transgender adolescents represent more than a controversial policy choice. They constitute an assault on the very conditions under which transgender people can exist as recognized members of the moral and political community. While such a move is indefensible from familiar ethical standpoints-utilitarian and deontological alike-it is from a Fichtean perspective that its deeper irrationality comes into view. Properly understood, this policy is not merely unjust or harmful; it is a denial of recognition that strikes at the heart of the state's purpose and undermines the intelligibility of healthcare as a public institution.

From a utilitarian standpoint, the policy fails in straightforward terms. The predictable consequences include increased psychological distress, higher rates of depression and suicidality among transgender youth, disruption of clinical care, and the withdrawal of trust from healthcare institutions. Even if one brackets contested empirical debates, the asymmetry is stark: the harms are concrete and concentrated, while the alleged benefits are speculative, diffuse, or symbolic. A policy that foreseeably increases suffering without demonstrable compensating gains cannot be justified by any plausible calculus of overall welfare.

From a deontological perspective, the policy fares no better. It instrumentalizes a vulnerable population for ideological ends, treating transgender adolescents not as ends in themselves but as means to a broader cultural or political agenda. By coercively restricting access to medically recognized forms of care-care sought by patients, families, and clinicians acting in good faith-it violates duties of respect, nonmaleficence, and professional integrity. Even on conservative Kantian grounds, such a policy cannot be universalized without contradiction: a healthcare system that selectively withholds care from disfavored identities undermines the very idea of equal moral standing.

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These objections are decisive-but they remain incomplete. They describe what is wrong with the policy, not why it is fundamentally unintelligible as an act of state power. For that, we must turn to Fichte.

Johann Gottlieb Fichte's philosophy begins from a radical and demanding claim: freedom is not an inner possession but a social achievement. One becomes a self-a bearer of rights and responsibilities-only through relations of mutual recognition. To be recognized is not merely to be tolerated or acknowledged as a biological organism; it is to be affirmed as a rational being whose agency, self-understanding, and embodied existence count within a shared normative order.

For Fichte, the state exists to secure the conditions under which such recognition is possible. Its legitimacy does not derive from tradition, sovereignty, or majoritarian preference, but from its role as the institutional guarantor of reciprocal freedom. When the state acts in ways that deny recognition to a class of persons, it does not merely err morally-it contradicts its own justification.

Healthcare occupies a privileged place in this framework. Because freedom must be embodied to be real, and because illness, distress, and bodily alienation directly threaten agency, access to healthcare is not a discretionary social good. It is a condition of participation in ethical life. To deny or sabotage healthcare is to undermine the material basis of recognition itself.

Gender-affirming care for adolescents-whatever one's position on its clinical contours-functions within this ethical structure as a response to a threat to embodied agency. Transgender adolescents often experience profound forms of bodily and social dissonance that impair their ability to act, relate, and recognize themselves as agents among others. Clinical care in this context is not about indulgence or preference; it is about stabilizing the conditions under which a person can exist intelligibly to themselves and to the social world.

When the state moves to defund hospitals that provide such care, it is not neutrally regulating medicine. It is declaring that certain forms of embodied selfhood are unworthy of institutional support. It is saying, in effect: you may exist biologically, but your way of existing will not be recognized by the structures that sustain freedom for others. This is not a mere policy disagreement. It is a withdrawal of recognition.

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From a Fichtean standpoint, the irrationality of the policy lies in its internal contradiction. The state claims to act in the name of protecting children, preserving medical integrity, or safeguarding public values-yet it does so by destabilizing the very institutions tasked with sustaining embodied agency. It weaponizes healthcare funding to enforce an ideological boundary around who counts as a legitimate subject of care.

But a healthcare system cannot function on such terms. Once recognition becomes conditional on conformity to a sanctioned identity, healthcare ceases to be an institution of freedom and becomes an instrument of exclusion. The result is not moral clarity but institutional incoherence: clinicians are placed in impossible positions, patients are rendered suspect, and trust-the lifeblood of medical practice-is corroded.

For Fichte, institutions must be universal in form even when their applications are particular. A state that secures healthcare for some while structurally denying it to others based on identity abandons universality altogether. It no longer operates as the visible body of freedom, but as an apparatus of differentiation and control.

It is crucial to see that this policy does not merely regulate actions; it targets existence. By making the provision of gender-affirming care financially untenable, the state effectively declares that transgender adolescents are not legitimate subjects of medical concern. Their suffering is reclassified as unworthy of response; their claims on care are treated as pathological or illicit.

In Fichtean terms, this is a paradigmatic act of misrecognition. It does not argue with transgender people as agents; it bypasses them entirely, reshaping institutions so that their needs no longer register. This is why the policy feels existential to those affected: it is not just about treatments, but about whether one's way of being is allowed to appear within the shared ethical world. Such misrecognition is not accidental. It is structural. And structural misrecognition, for Fichte, is among the gravest forms of injustice because it undermines the possibility of freedom itself.

There is a further consequence that extends beyond transgender communities. When healthcare is turned into a site of ideological enforcement, its moral meaning collapses. Care becomes conditional, trust becomes strategic, and clinicians are transformed from agents of recognition into gatekeepers of conformity.

A healthcare system that excludes transgender adolescents today can exclude other disfavored groups tomorrow. The logic is identical: identify a population whose embodied needs challenge prevailing norms, then use funding mechanisms to erase those needs from institutional visibility. What remains is not healthcare but managed abandonment.

Fichte would recognize this immediately as a betrayal of the state's ethical vocation. The state is not permitted to decide whose freedom is real enough to sustain. Its task is precisely the opposite: to create a world in which freedom can appear in its plurality without being crushed by normative fiat.

What distinguishes a Fichtean critique from utilitarian or deontological ones is its refusal to reduce the issue to harm calculations or rule violations. The problem is not merely that the policy causes suffering or violates duties-though it does both. The deeper problem is that it renders a segment of the population unintelligible as participants in shared ethical life.

Recognition is not a reward for compliance. It is the precondition of responsibility, agency, and moral address. To withdraw recognition is not to correct behavior; it is to annihilate standing. And a state that does this forfeits its claim to rational authority.

The attempt to defund hospitals providing gender-affirming care to adolescents is thus not merely cruel or misguided. It is philosophically incoherent. It denies recognition where recognition is most urgently required; it undermines the institutions that make freedom real; and it converts healthcare from a universal condition of agency into a selective instrument of exclusion.

From a Fichtean perspective, this is the state acting against itself-negating the very principles that justify its existence. A state worthy of the name does not decide which lives are intelligible enough to sustain. It recognizes that freedom appears in vulnerable, embodied, and sometimes unsettling forms-and that its task is not to erase those forms, but to hold them within a shared world where agency remains possible.

Anything less is not governance. It is abdication.

 

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About the Author

Sam Ben-Meir is an assistant adjunct professor of philosophy at City University of New York, College of Technology.

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All articles by Sam Ben-Meir

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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