Critical Trans Politics and Transformative Social Change

Seattle University Assistant Professor of Law Dean Spade was interviewed in this month’s issue of Guernica.  Spade is the first openly transgendered tenure-track law professor in the U.S.  and the founder of the Sylvia Rivera Law Project, a non-profit agency which provides free legal services to low-income transgender and gender non-conforming people and advocates for policy reform to eliminate gender expression-based discrimination and violence.

The average life span of a transgendered person is 23 years, a shocking demographic that should make every LGBT advocate sit up and pay attention. Trans individuals face daily discrimination, threats of violence, homelessness, and poverty, and are disproportionately incarcerated.  They face anti-trans discrimination at school and in the workplace.

While law reform may be a method to bring social awareness to an issue, Spade argues that it is merely a “tool to address certain needs for certain communities,” but is not the answer to solving all social issues.  He believes that changing the law does not always change  people’s lives because anti-discrimination laws are often not enforced or implemented and vulnerable populations may not see change. Sometimes vulnerable people may actually be marginalized further through law reform.  He provides an example:

Law reforms declaring race and disability discrimination illegal haven’t solved concentrated joblessness, poverty, homelessness, or criminalization of people with disabilities and people of color.

Spade goes on to discuss what he calls critical trans-politics.  He argues that while non-trans gay and lesbian individuals face marginalization and discrimination, there are specific issues that are unique to transgendered individuals.  For example, he says

Trans people have a huge set of legal issues around how various government agencies and other entities see our gender, and lots of gay and lesbian people haven’t experienced not having a gender that the government recognizes.

Critical trans-politics moves away from gay and lesbian politics and focuses on racial and economic justice analysis in conjunction with gender identity.  It calls for broad social movements led by people directly impacted by the issues, rather than legal reform for social change.  The movements, Spade argues, must focus on changing people’s lives by advocating for “good housing, healthcare, education, and all those things that you actually need to live well and thrive.”

His work does not merely focus on transgender rights but includes a collective approach geared towards economic, racial, and gender issues.  Spade’s interview focused on a lack of equality within the U.S. and the need for social transformation.

Help end this kind of discrimination by educating yourself and your community about racism, ableism, transphobia, and sexism. Learn more here about non-discrimination laws that include gender identity and expression.

First Two Openly Transgender Judges in the U.S. Appointed Last Month

A positive step for transgender visibility was taken in November, when two openly transgender people became judges in two states. California voters elected Judge Victoria Kolakowski to the Alameda County Superior Court on November 2, making her the first openly transgender trial judge in the United States. Shortly thereafter, on November 17, Houston Mayor Annise Parker appointed Phyllis Frye as an associate municipal court judge.

Judge Kolakowski has 21 years of experience in the legal profession, and insists that her gender identity was irrelevant to her campaign. Quoted in the Bay Area Reporter, she says, “That is not why people voted for me and not why people didn’t vote for me.”

Kolakowski had a successful career as private lawyer and a corporate attorney despite the prejudice that threatened to derail her goals entirely as a law student. According to the Daily News, the Louisiana State Bar Association initially rejected her application, claiming she was “not of sound mind” – a reaction to Kolakowski listing herself as transsexual. She had to appeal to the Louisiana Supreme Court, who ruled in her favor.

Phyllis Frye has been fighting for transgender equality for decades. Daniel Williams of Legislative Queery writes:

The significance of the moment was not lost on Mayor Parker who fought back tears as she welcomed the appointees to the council dais. Council member Sue Lovell who, along with Parker and Frye, fought for years as a citizen to improve the lives of queer Houstonians, beamed as she spoke of how far the three of them have come. Several council members specifically thanked Frye for her willingness to serve.

These judicial appointments don’t come without controversy, considering how transgender identity is mainly ignored or derided by mainstream American culture. It’s important that transgender people gain visibility and inclusion in every aspect of life in the U.S., and achievements by members of this much-excluded community deserve to be publicized and celebrated. We congratulate both women on their victories!