Can oppressed people truly be freed by legal recognition and inclusion? What can we do to make our voices heard when the laws in the books aren't happening in the streets?
Dean Spade is an organizer, speaker, author, and professor at Seattle University's School of Law, where he teaches courses on policing, imprisonment, gender, race, and social movements. Spade has been organizing racial and economic movements for queer and trans liberation for the past 20 years. Spade's books include Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law and Mutual Aid, Building Solidarity During This Crisis (and the Next). In 2002, Dean founded the Sylvia Rivera Law Project, a non-profit law collective that provides free legal services to transgender, intersex and gender non-conforming people who are low-income and/or people of color, and which operates on a collective governance model. His writing has appeared in The Chronicle of Higher Education, Out, In These Times, Social Text, and Signs.
Normal Life
Administrative Violence, Critical Trans Politics, and the Limits of Law
The belief that marginalized and hated populations can find freedom by being recognized by law, allowed to serve in the military, allowed to marry, and protected by anti-discrimination laws and hate crime statutes is a central narrative of the United States.
Politicians, primary school textbooks, and the corporate media tell us the story that the United States left ugly histories of white supremacy behind through a civil rights movement that changed hearts, minds, and especially laws to eradicate racism and bring freedom to all. This simplified narrative is relentlessly reiterated in US culture and has played a starring role in the past four decades of lesbian and gay rights advocacy where the analogy to the Black civil rights to the Black civil rights movement has been a consistent rhetorical tool. 1. I argue that social movements must abandon the widely held belief that oppressed people can be freed by legal recognition and inclusion if we are to truly address and transform the conditions of premature death facing impoverished and criminalized populations in this period.
THE CREATIVE PROCESS · ONE PLANET PODCAST
You've written about pinkwashing and the mainstreaming of trans politics and how that can create situations where laws are passed in people’s name without their realizing it.
DEAN SPADE
The legal system is a colonial legal system that is designed to preserve capitalist extraction and all the racial dynamics required to produce racial capitalism. The system is already completely captured by our opponents. And anything that looks like it's good for us is probably actually not. People don't get what they're supposed to get. It's undermined in several ways, or it can get flipped all the time. Like the law in the books is not happening on the streets. The police are not supposed to kill people all the time, and they just do. There is no rule of law. We live in lawless, brutal domination under a set of systems that are incredibly resilient and can reframe and sometimes be extra-legal, and that works out fine for them.
I want to see movements that embolden our tactics. Like people blocking oil pipelines all over the world. That's what's required now. Asking endlessly from the dominant system to treat us fairly doesn't work. And this frustrating kind of endless appeal and hoping maybe we can get it to work this time doesn't work. And the clock is ticking, especially on ecological collapse. We need to save each other's lives and act.
