One particular debate that I have seen play out again and again is whether trans people who have more traditional gender expressions or who "pass" more should be the ones who are represented. A recent advocacy guide focused on advocating around trans health care access produced by the largest trans advocacy organization in the US instructs readers that advocacy will be more successful if the message is delivered by people who pass as non-trans men and women.
Dean SpadeI am not arguing that we should never use legal reform as a tactic. Instead, I argue that it should not be a goal.
Dean SpadeThere are sharply different, competing models of what trans advocacy looks like - those that seek to follow the path laid out by the most visible and well-funded lesbian and gay rights organizations in the US and those that seek to use grassroots strategies, center issues of race and poverty, and aim to dismantle harmful institutions and conditions to redistribute life chances.
Dean SpadeI went to law school which is a 3-year program in the US that is focused primarily on memorizing certain doctrines and taking exams that test whether you can apply those doctrines to help prepare for the bar exam. If you are lucky, you get a few classes where you are encouraged to think more critically and read critical texts rather than just casebooks, and perhaps write a paper that is not a legal memo or brief.
Dean SpadeCritical Race Theory offers a critique of how law and certain law reform strategies misunderstand the actual operation of life-shortening state violence, and how that has produced a set of reforms that fail to actually transform material conditions of white supremacy. These critiques redirect our attention to the conditions we aim to transform.
Dean SpadeOver the past decade I have watched many friends go through graduate school and write dissertations. Through that process, I have seen how they are guided by mentors to understand particular norms within their disciplines and to learn about what they can and cannot, should and should not say, and which ideas can go together and which cannot. I never went through this process.
Dean Spade