Because 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 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 SpadeI am not arguing that we should never use legal reform as a tactic. Instead, I argue that it should not be a goal.
Dean SpadeOne of the concepts I was having trouble illustrating was the concept that administrative systems create narrow categories of gender and force people into them in order to get their basic needs met - what I call "administrative violence." I had images of forms with gender boxes and ID cards with gender markers, but I also wanted an image that would capture how basic services like shelters are gender segregated.
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 Spade