When 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 SpadeBecause my graduate academic training at law school was not one that included most of the intellectual traditions I find useful for understanding the conditions and problems that most concern me - anti-colonial theories, Foucault, critical disability studies, prison studies and the like are rarely seen in standard US Law School curricula, where students are still fighting on many campuses to get a single class on race or poverty offered - I developed most of my thinking about these topics through activist reading groups and collaborative writing projects with other activist scholars.
Dean SpadeInstead of focusing on what the law says about trans people, which is really what the law is saying about itself as a protector of trans people, we should be focused on what systems of law and administration do to trans people and our interventions should aim to dismantle harmful, violent systems such as criminal punishment and immigration enforcement.
Dean SpadeTrans activism in the US has most frequently been grassroots, centered on poverty and criminalization, and often oppositional to the exclusionary "mainstreaming" threads in gay and lesbian politics and feminist politics.
Dean SpadeTrans rights formation that mimics the models and strategies of the lesbian and gay rights framework is growing, and there are many significant strategy disagreements between those building that work and those doing racial and economic justice centered trans work.
Dean SpadeOne 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 Spade