We should interact with legal reform tactically, knowing that it will not meet our ultimate goals but asking whether there are ways that engaging with particular reforms might benefit our work and help reduce certain harms or dangers.
Dean SpadeWhen social movements engage in legal reform, they often mobilize images of people from their constituent population who most match national norms about what "deserving citizens" are like, and use those people as spokespeople and as lead plaintiffs in legal cases. This strategy requires that people who are experiencing intersectional harm - who are vulnerable through multiple vectors of demonization and marginalization - be further marginalized and disappeared by the advocacy.
Dean SpadeWhen we approach legal reform work, we can ask questions like: Will this provide actual relief to people facing violence or harm or will it primarily be a symbolic change? Will this divide our constituency by offering relief only to people with certain privileged statuses (such as people with lawful immigration status, people with jobs, married people, etc.)?
Dean SpadeWe should understand that in the context of the US, where our legal system is based in settler colonialism, capitalism and white supremacy, changing laws will never sufficiently change the conditions of harm and violence our movements seek to transform.
Dean SpadeI am arguing that it is a mistake for trans activists to focus our resources and attention on winning inclusion in legal equality frameworks, such as anti-discrimination laws and hate crimes laws, that will not provide relief from the life-shortening conditions trans populations are facing. Winning legal equality - getting the law to cast us as victims of discrimination who the state will protect - will not support our survival.
Dean SpadeI am thoughtful about introducing terms that tend to be in circulation primarily in academic circles. "Homonormativity" and "homonationalism" are by no means solely academic terms, and in fact circulate in important ways in many activist circles, but in general I find them to be terms that most people I meet are not familiar with.
Dean Spade