Legal 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.

There are sharply different, competing models of what trans advocacy looks like - those that seek to follow the path laid out by the most visible and well-funded lesbian and gay rights organizations in the US and those that seek to use grassroots strategies, center issues of race and poverty, and aim to dismantle harmful institutions and conditions to redistribute life chances.

We must experiment, fail, and try again, but beginning with a critique of legal reform and a commitment to center the most vulnerable moves us away from some of the most common, obvious pitfalls of neoliberal social movement strategies.

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.

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.

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.

Instead 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.