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."
Dean SpadeLegal 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.
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 SpadeI argue that legal equality has failed resistance movements aimed at transforming material conditions of violence, and that trans activists should take a decidedly different approach.
Dean SpadeI went to law school which is a 3-year program in the US that is focused primarily on memorizing certain doctrines and taking exams that test whether you can apply those doctrines to help prepare for the bar exam. If you are lucky, you get a few classes where you are encouraged to think more critically and read critical texts rather than just casebooks, and perhaps write a paper that is not a legal memo or brief.
Dean SpadeI am thoughtful about introducing terms that tend to be in circulation primarily in academic circles. "Homonormativity" and "homonationalism" are by no means solely academic terms, and in fact circulate in important ways in many activist circles, but in general I find them to be terms that most people I meet are not familiar with.
Dean Spade