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.
Dean SpadeWhen 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 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 SpadeMore conservative advocacy work often encourages portrayals of trans people as people who deserve rights. Deservingness, of course, corresponds to national racial, gender and ability norms.
Dean Spade