A Libertarian Argument: Why Government Has No Authority Over Gender Rights

     With the transgender debate raging across the U.S. those who are anti-trans believe that their wishes to subdue and deny transgender people their rights should be law.  What they're suggesting is that mob rule (democracy) should override the constitutional rule of law.  However, these same people will argue against mob rule if policies created as such would negatively affect their rights in any way.  They want their rights left intact, while insisting that the rights of those they find distasteful should be stripped away.  As I've argued before, it's a matter of "freedom for me, but not for thee".  Such a point of view is counter to freedom and personal liberty.

    As much as the Right argues that the Left assumes unconstitutional authority over their rights in matters that concern them, it's ironic that they believe the government should hinder the rights and personal liberties of others and hypocritical that they don't even see it.  All the while, the sole responsibilities of the U.S. federal government are to safeguard all of the rights of all of the people, protect our sovereignty and ensure the cooperation of the many states with one another.  Nowhere is it written that the government, under the leadership of either the Left or Right, has the authority to affect anybody's rights, or personal liberties, in a negative manner.  Likewise, no state government can rightfully claim the authority to withhold from any of its citizens their constitutionally guaranteed rights, regardless of the will of the majority of its citizens, or elected officials.

    That being said, Donald Trump's executive orders banning trans rights, as well as the states' governments that have passed anti-trans laws are in violation of trans people's right to pursue happiness.  I've made this argument in the past, and I will continue to make it until justice has been done.  In addition, everyone has the right to self-determination.  That includes realizing their gender identity and choosing how they will express it.  Government has neither the moral nor legal authority to dictate how anyone perceives or expresses themselves.  Laws that deny rights to transgender people represent overreach and unjust control.  Again, the role of government is to protect our rights, not dictate how we live our lives.

    In a truly free society, governments don't conduct social engineering.  Social norms evolve through personal choices and market forces, not by government mandates.  Acceptance and inclusion (or lack thereof) of transgender individuals should arise organically, through community engagement, education and voluntary associations.  Laws discriminating against transgender individuals violate the principle of non-aggression, forcing people to conform and limiting their opportunities.  Likewise, businesses, private organizations and individuals should retain the right to associate freely.  Just as people should not be forced to adopt any ideology, they should also be free to recognize and support transgender individuals through employment, healthcare access and social integration.  This ensures both personal liberty and voluntary exchange.

    Allowing the government to define and regulate gender identity opens the door to broader government control over personal liberties.  Libertarian ideals allow transgender people to exist and thrive.  By honoring individual autonomy, rejecting government overreach, protecting voluntary interactions, and upholding the non-aggression principle, society can embrace gender diversity in a more natural and sustainable way; aligned with liberty-focused values.

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