When 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.

"Oppression" or "systems of oppression" operate as a shorthand terms in much writing and speaking so that we do not have to list all these systems of meaning and control each time (i.e. racism, ableism, xenophobia, etc.). I needed a term like that, but "oppression" implies a kind of top-down understanding of power that is at odds with the Foucaultian model I rely on in my work.

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.

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.

Legal 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.

One 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.

Critical Race Theory offers of discrimination frameworks as ways of understanding and eradicating racism. The focus on "discrimination" as the way to understand racism in the US has meant that racism is considered a question of discriminatory intentions - whether or not somebody intentionally left someone out or did something harmful because of their biased feelings about a person's race. This focus on individual racists with bad ideas hides the reality that racism exists wherever conditions of racialized maldistribution exist.