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Recognition, freedom, and the assault on transgender existence

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


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.

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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.

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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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