Transgender Identity is Self-Evident: Informed-Consent is a Contract

A lone skyscraper reaches for the sky, its sharp edges contrasting with the soft curves of bare tree branches. Austin, Texas.

My identity and rights are self-evident. I do not require approval from the state, a psychologist licensed by the state, or any person whatsoever.

The purpose of government is to protect liberty. Because rights are natural and inalienable, they are not derived from an external body of people, but from our humanity.

What is Natural Law and Natural Rights?

Natural law is a philosophical and ethical theory that posits the existence of universal moral principles inherent in nature, discoverable through reason and conscience. It suggests that these principles are objective and independent of man-made laws (also known as “positive” laws) or social conventions.

John Locke, a prominent figure in the development of natural law theory, argued that individuals possess certain inalienable natural rights, such as the right to life, liberty, and property. These rights predate any form of government and are inherent to human beings by virtue of their nature. Locke contended that the primary purpose of government is to protect these natural rights.

If a government fails to fulfill this purpose, Locke argued, the people have the right to revolt and establish a new form of government. His ideas profoundly influenced the development of modern political thought, including the American Declaration of Independence. The Bill of Rights serves to enshrine these natural rights within the U.S. Constitution.

Understanding Sex and Gender in 2025

While sex and gender are often considered distinct concepts, there is growing recognition of an overlap that may account for traits that do not fit neatly into a binary. For example, brain scans have shown that transgender women exhibit cognitive patterns similar to cisgender women, demonstrating a neurobiological basis for their gender identity.

Sex typically refers to biological characteristics, including chromosomes, hormones, and anatomy, that typically place individuals into categories such as male, female, or intersex. However, it’s important to acknowledge that these categories are not always clear-cut. Some individuals assigned male at birth may exhibit more feminine or androgynous physical characteristics.

Personally, I have always felt a disconnect between my assigned sex and my internal sense of self. Despite being assigned male at birth, I’ve always felt more aligned with the female gender. This feeling has persisted throughout my life, deepening with maturity.

Early on, I began a soft transition, exploring my gender expression through changes in appearance and behavior. This journey deepened my understanding of my own identity and reinforced the incongruence I felt with my assigned sex.

The Intersex Condition

Intersex individuals may be born with biological characteristics that do not fit neatly into traditional male or female categories. Additionally, recent research suggests that variations in brain development and hormone levels may contribute to transgender experiences. While the exact causes of transgender identity are not fully understood, these findings suggest that biology plays a role in shaping gender identity, even if it is not the sole determinant.

It’s important to note that many individuals may have subtle variations in their biological sex characteristics that may not be readily apparent. I, for example, have not undergone extensive genetic testing. However, my experience highlights the complex interplay between biology and gender identity.

The Hostile Social Climate

My official transition in 2024, which included starting hormone replacement therapy, unfortunately coincided with a heightened social climate of hostility towards transgender individuals. This heightened tension further emphasized the need for a stronger social and legal framework to protect the rights of transgender people.

This experience shifted my perspective on the role of government. While I previously held more libertarian views, I began to recognize the need for a more active government role in ensuring the protection of individual liberties and the prevention of discrimination.

Government is the Immune System

Just as the immune system protects the body from harmful pathogens, government should function to protect the liberties and rights of its citizens. Crime, in this analogy, can be considered a pathogen that disrupts the social order.

This concept of government as an “immune system” draws inspiration from the work of Dr. Bruce Lipton, a biologist who has pioneered research in epigenetics. His book, “The Biology of Belief,” explores the profound impact of our beliefs and environment on our biological functioning.

The Informed-Consent Model of Healthcare

Transgender individuals experience a feeling of incongruence between their sex assigned at birth and their internal sense of gender. While medical professionals play a crucial role in diagnosing and providing care, the decision to pursue gender-affirming treatment ultimately rests with the individual.

The informed-consent model provides a strong ethical framework for transgender healthcare. It emphasizes the importance of open communication and shared decision-making between the patient and their healthcare provider. This model ensures that patients understand the potential risks and benefits of any proposed treatment before making informed choices.

Furthermore, it helps prevent the imposition of burdensome requirements that can delay or deny necessary care. For example, some states have enacted laws requiring multiple letters of support from mental health professionals, lengthy waiting periods before initiating treatment, or even forced sterilization as a condition for receiving gender-affirming surgery.

These requirements create significant barriers to care, causing unnecessary delays, increased mental health distress, and even forcing some individuals to seek unsafe or ineffective treatments outside the healthcare system.

Informed consent can be viewed as a legal contract between the patient and the provider, with clear expectations and shared responsibilities. In a free society, transgender people have a right to be heard and declare their identity based on what they know internally. This right must be respected as any other.

Balancing Rights and Responsibilities

While classical liberalism emphasizes individual liberty, it’s crucial to recognize that these liberties must be balanced with the responsibility to ensure that all individuals have access to essential healthcare services.

Government intervention may be necessary to ensure that transgender individuals can access the healthcare they need. This could include measures such as mandating insurance coverage for gender-affirming care and ensuring that publicly funded healthcare providers offer competent transgender care.

While respecting the right of healthcare providers to conscientiously object to providing certain services, it is crucial to ensure that transgender individuals have access to care without undue burden or discrimination.

Conclusion

By embracing the principles of natural law and promoting a just and equal society, we can create a world where transgender individuals can live authentically and access the healthcare they need.

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