What Does Trans Inclusion in a Liberal State Require?

ABSTRACT One of the most prominent minority groups today is trans people. Those who see themselves as fighting for trans rights have tended to take these to include a right to legal recognition by the state, and social treatment by fellow citizens, as the sex of identification. These rights claims have been given substantial legal and institutional uptake. If trans people's full inclusion in public life requires legal recognition and social treatment as the sex of identification, then this is merely a description of things being as they should be. But if trans people's inclusion within the liberal state does not require these things, then this may be a description of a violation of liberal neutrality, the enforcement by the state of a contested and controversial conception of the good; and a tyranny of the majority, the weight of social opinion being pressed against those who want to talk about (what they see as) the fact that things are not as they should be. One way to gain some clarity on whether things are as they should be or not is to carefully consider the principles that liberal democratic states have used to secure the full inclusion in public life of other minority groups, and their application to trans people. I'll consider in particular toleration , collective and individual exemptions , and full accommodation ; as they have applied to religious minorities, women, sexual orientation minorities, black people, and people with physical disabilities.

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Publication Details

Journal
Philosophy &amp Public Affairs
Published
2026-01-20
DOI
https://doi.org/10.1111/papa.70016
Primary Topic
LGBTQ Health, Identity, and Policy
Type
article
Field-Weighted Citation Impact
0.00
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article

What Does Trans Inclusion in a Liberal State Require?

Holly Lawford‐Smith
Philosophy &amp Public Affairs
LGBTQ Health, Identity, and Policy
article

What Does Trans Inclusion in a Liberal State Require?

Holly Lawford‐Smith
article en

Abstract

ABSTRACT One of the most prominent minority groups today is trans people. Those who see themselves as fighting for trans rights have tended to take these to include a right to legal recognition by the state, and social treatment by fellow citizens, as the sex of identification. These rights claims have been given substantial legal and institutional uptake. If trans people's full inclusion in public life requires legal recognition and social treatment as the sex of identification, then this is merely a description of things being as they should be. But if trans people's inclusion within the liberal state does not require these things, then this may be a description of a violation of liberal neutrality, the enforcement by the state of a contested and controversial conception of the good; and a tyranny of the majority, the weight of social opinion being pressed against those who want to talk about (what they see as) the fact that things are not as they should be. One way to gain some clarity on whether things are as they should be or not is to carefully consider the principles that liberal democratic states have used to secure the full inclusion in public life of other minority groups, and their application to trans people. I'll consider in particular toleration , collective and individual exemptions , and full accommodation ; as they have applied to religious minorities, women, sexual orientation minorities, black people, and people with physical disabilities.

Philosophy &amp Public Affairs
The University of Melbourne (AU)
Reduced inequalities
Openalex Percentile: Top 87%
LGBTQ Health, Identity, and Policy
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