I argue that legal equality has failed resistance movements aimed at transforming material conditions of violence, and that trans activists should take a decidedly different approach.

Dean Spade

Categorized in : Different Movement Resistance

We should interact with legal reform tactically, knowing that it will not meet our ultimate goals but asking whether there are ways that engaging with particular reforms might benefit our work and help reduce certain harms or dangers.

reform knowing goal

When we approach legal reform work, we can ask questions like: Will this provide actual relief to people facing violence or harm or will it primarily be a symbolic change? Will this divide our constituency by offering relief only to people with certain privileged statuses (such as people with lawful immigration status, people with jobs, married people, etc.)?

offering jobs people

Over the past decade I have watched many friends go through graduate school and write dissertations. Through that process, I have seen how they are guided by mentors to understand particular norms within their disciplines and to learn about what they can and cannot, should and should not say, and which ideas can go together and which cannot. I never went through this process.

writing past school

I went to law school which is a 3-year program in the US that is focused primarily on memorizing certain doctrines and taking exams that test whether you can apply those doctrines to help prepare for the bar exam. If you are lucky, you get a few classes where you are encouraged to think more critically and read critical texts rather than just casebooks, and perhaps write a paper that is not a legal memo or brief.

writing school thinking

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.

reading writing school

I wrote Normal Life using concepts that have been helpful to me, and hoping to offer those as accessible tools for thinking differently about the pitfalls trans resistance faces, in particular the temptation to focus on legal equality and the limitations of that approach, and the alternative approaches being taken by racial and economic justice focused trans activists.

taken justice thinking

I often notice how students can gain the capacity to use certain critical methodologies through engaging with very different texts - how a graphic novel about gentrification and an anthology about Hurricane Katrina and a journalistic account of war profiteering might all lead to very similar classroom conversations and critical engagement. I'm particularly interested in this when teaching law students who often resist reading interdisciplinary materials or materials they interpret as too theoretical.

reading teaching war

My work is heavily influenced by critiques that many critical intellectual traditions, especially Critical Race Theory, have made of reform projects focused on legal equality.

reform intellectual race