Critical Race Theory offers of discrimination frameworks as ways of understanding and eradicating racism. The focus on "discrimination" as the way to understand racism in the US has meant that racism is considered a question of discriminatory intentions - whether or not somebody intentionally left someone out or did something harmful because of their biased feelings about a person's race. This focus on individual racists with bad ideas hides the reality that racism exists wherever conditions of racialized maldistribution exist.

Legal reform organizations are usually trying to portray their constituents as "hard workers," as "not criminals," as citizens, as part of normative family arrangements, and as conforming to white norms as much as possible. When these strategies are used, the most dangerous conditions and the people who are most vulnerable cannot be discussed or addressed.

I 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.

Law reforms in the US, ostensibly enacted to prohibit racism, have proven ineffective because they focus on bad intentions of individuals and fail to comprehend population-level conditions.

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.

When 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.

I am not arguing that we should never use legal reform as a tactic. Instead, I argue that it should not be a goal.