Spade identifies the idea that anti-discrimination law perpetuates “the false impression that the previously excluded or marginalized group is now equal, that fairness has been imposed, and the legitimacy of the distribution of life chances restored” as a shortcoming in current law reforms (Spade, 43). This idea cuts off room for further growth because it, inaccurately, portrays the struggle as over.
He also identifies the conceptualization of how hate crimes are motivated as a shortcoming in hate crime laws (Spade, 42). By thinking of a hate crime as a bigoted individual versus a trans person, the proposed hate crime statues ignore systemic transphobia (Spade, 42). Additionally, this conception of transphobia reflected in laws would mean that only individuals who overtly, and provably, considered the victim’s gender expression could be legally punished (Spade, 43).
References
Dean Spade, What is Wrong with Rights?