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 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 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