We must experiment, fail, and try again, but beginning with a critique of legal reform and a commitment to center the most vulnerable moves us away from some of the most common, obvious pitfalls of neoliberal social movement strategies.
Dean SpadeIn addition to encouraging us to participate in narratives of "deservingness" that cast large parts of our constituencies as "undeserving," legal reform strategies encourage us to valorize harmful systems that our movements should be seeking to dismantle.
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 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 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 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 Spade