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 SpadeMy work is heavily influenced by critiques that many critical intellectual traditions, especially Critical Race Theory, have made of reform projects focused on legal equality.
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 SpadeThe point for me is to create relationships based on deeper and more real notions of trust. So that love becomes defined not by sexual exclusivity, but by actual respect, concern, commitment to act with kind intentions, accountability for our actions, and a desire for mutual growth.
Dean SpadeWe 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 SpadeI often notice how students can gain the capacity to use certain critical methodologies through engaging with very different texts - how a graphic novel about gentrification and an anthology about Hurricane Katrina and a journalistic account of war profiteering might all lead to very similar classroom conversations and critical engagement. I'm particularly interested in this when teaching law students who often resist reading interdisciplinary materials or materials they interpret as too theoretical.
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