I 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 SpadePower is not a matter of one dominant individual or institutions, but instead manifests in interconnected, contradictory sites where regimes of knowledge and practice circulate and take hold. This way of understanding the dispersion of power helps us realize that power is not simply about certain individuals being targeted for death or exclusion by a ruler, but instead about the creation of norms that distribute vulnerability and security.
Dean SpadeLegal reform organizations are usually trying to portray their constituents as "hard workers," as "not criminals," as citizens, as part of normative family arrangements, and as conforming to white norms as much as possible. When these strategies are used, the most dangerous conditions and the people who are most vulnerable cannot be discussed or addressed.
Dean SpadeBecause 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.
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 SpadeI 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 Spade