Many people who are drawn to work about racism and transphobia may be new to thinking deeply about colonialism and indigenous resistance in their North America.

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.)?

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.

Intellectual traditions emerging from populations that have always been the constitutive other in the development of the properly free citizen - indigenous people, populations labeled physically or mentally unfit, black people, migrants, women, prisoners - have always produced robust critiques of the what Dylan Rodriguez calls "white bourgeois freedom."

Because 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.

Legal reform has significant dangers: changing only the window-dressing of harmful systems but leaving the violence of the systems in tact, failing to provide actual relief for those facing the worst conditions, and legitimizing or expanding systems of harm.

Over 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.