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.
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 SpadeLegal doctrine requiring a showing of evidence of racist intent and a narrow chain of causation has made it very difficult to prove in court that a person or group is experiencing racism because the standards are too narrow and too focused on individual intentions.
Dean SpadeGender segregated shelters are inaccessible to many trans people, and trans women in particular are often forced to choose between going into a men's shelter where they face enormous danger, or remaining street homeless and facing the violence, harassment, arrest, and exposure risks of that.
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 SpadeWe should understand that in the context of the US, where our legal system is based in settler colonialism, capitalism and white supremacy, changing laws will never sufficiently change the conditions of harm and violence our movements seek to transform.
Dean SpadeInstead of focusing on what the law says about trans people, which is really what the law is saying about itself as a protector of trans people, we should be focused on what systems of law and administration do to trans people and our interventions should aim to dismantle harmful, violent systems such as criminal punishment and immigration enforcement.
Dean Spade