Big thanks to Robert Nichols for interviewing me for the journal, Upping the Anti. You can read the interview here. Also, the N.Y.U. Review of Law and Social Change just published a symposium issue about the Perry v. Brown same-sex marriage litigation. I have an article in it about pinkwashing. I also recommend you check out articles by Andrea Ritchie, Gabriel Arkles, and many more.
Blog Post for Upcoming Conference
This coming Friday and Saturday I’m heading to Los Angeles for a conference that marks the 40th anniversary of Roe v. Wade and the 10th anniversary of Lawrence v. Texas. In advance of the conference, speakers were asked to write blog posts related to the themes of the conference panels we are participating in. These were posted to the Balkinization blog. I thought I’d re-post what I wrote here as well:
Sexual freedom, legal equality and settler colonialism
In recent weeks, the world has been captivated by the emergence of the Idle No More movement. Indigenous people and their allies in Canada and around the world have been engaging in a wave of protest actions. These protests, which include marches, vigils, road blocks, railway blocks, flashmobs and the prominent hunger strike of Chief Theresa Spence of Attawapiskat, are raising a number of significant issues. Initially, the movement was a response to the Harper government’s introduction of Bill C-45, legislation that would significantly weaken environmental protection laws in Canada. As the movement has grown, its message has broadened to raise questions about indigenous sovereignty and environmental protection more generally, both in Canada and around the world where indigenous people struggle against colonization and environmental degradation.
Movements against colonization raise significant questions for scholars studying the legal regulation of sexuality and family. The imposition of gender norms and family formation norms and the use of sexual violence as a tool of war have been significant to processes of colonization. The depiction of cultures and peoples targeted for colonization as “backward” in terms of sexuality and family formation has been a rationalization for colonization, and has often included portraying indigenous women as needing to be saved by the colonizers from their own families and cultures. These methods and rationalizations are visible in the history of the colonization of North America where the Idle No More movement has been most visible so far, but we can also hear these rationales deployed to justify the war in Afghanistan, proposed war with Iran, and in rationales for Israeli settler colonialism in Palestine.
These dynamics are particularly interesting in the context of a contemporary gay and lesbian rights framework in the US and its global influence. As many scholars have noted, the gay and lesbian rights framework has increasingly moved toward demands for formal legal equality in recent decades, particularly focusing on demands for military participation and access to legal marriage. There has been a great deal of critique of these demands by a range of feminist, anti-racist, queer and trans scholars. One aspect of this critique that is particularly interesting in the context of the Idle No More movement’s growing momentum is how these demands speak or fail to speak to the quest for sexual freedom for those imagining freedom from an anti-colonial perspective.
Ostensibly, the contemporary gay and lesbian rights agenda developed from the sexual liberation movements of the 1960’s and ‘70’s that are remembered in images from the Stonewall Riots where queer and trans people fought back against police harassment and criminalization. As it developed, its vision of “freedom” has become more aligned with joining the apparatuses of colonial occupation than fighting them. The US military literally operationalizes US colonial and imperial violence, and marriage enforces the family formation norms for the settler colonial state by disbursing essential benefits to the population based on whether we conform to that norm. As the Idle No More movement and other anti-colonial movements such as the Boycott, Divestment and Sanctions movement continue to grow, queer and trans politics faces interesting questions about how various approaches to conceptualizing sexual freedom relate to anti-colonial agendas that seek to dismantle the apparatuses in which certain lesbian and gay rights campaigns and court cases seek gay and lesbian inclusion. These questions are particularly interesting now, as gay and lesbian people are increasingly articulated as those that need saving in colonial discourses. Access to legal marriage and military participation for gays and lesbians are now often used as measuring sticks for whether or not a country respects human rights, and human rights enforcement rationalizations are a popular justification for military intervention. The Idle No More movement’s emergence in this moment provides an opportunity for reflection on the relationship between commitments to sexual freedom and commitments to self-determination and decolonization.
New Videos and a New Syllabus
I am teaching a January Term class at Seattle U for the first time, starting in a few weeks. It will be a four day intensive about imprisonment. I just posted the syllabus in case it is of interest.
I also wanted to share some new videos. GritTV recently posted an interview that Laura Flanders did with me.
http://blip.tv/grittv/dean-spade-the-most-imprisoning-nation-in-the-world-part-1-of-2-6482091
Also, I recently attended the World Social Forum: Free Palestine! in Porto Alegre, Brazil. I was part of a Queer Visions contingent that put on two public panels, this one and this one. Here’s the talk I gave about marriage and the military and pinkwashing:
Romantic Friendship, Palestine and California
A few recent things to share: Here is a link to a radio interview between me and the brilliant and inspiring activist-scholars Eric Stanley and Reina July about trans politics and prison abolition that took place in January on Romantic Friendship radio. I also want to share this open letter created by activist from a recent LGBTQ delegation to Palestine that I participated in in January. Please sign on! Below is a photo from my trip–a mural on a part of the separation wall. I’m working on creating some writing about my trip to share with photos that will hopefully be posted here soon. Finally, Toshio Meronek recently interviewed Eric Stanley and I about Captive Genders and Normal Life in advance of our trip to speak at UC Davis. You can read Toshio’s article here.
Beyond Gay Marriage Podcast
Lisa Dettmer just released her podcast and article critically examining same-sex marriage advocacy. The podcast includes interviews me and many other critics of same-sex marriage advocacy. Thanks to Lisa for the great work!
Click here
Can You Hear Me Now? co-authored with Colby Lenz
Colby Lenz and I co-authored this article “Can You Hear Me Now?” originally published by CommunityChange.org. Read the full-text below.
Can You Hear Me Now?
By Colby Lenz and Dean Spade
Many of us share a set of concerns or complaints about cell phones. You hear them all the time. Nobody makes plan anymore ahead of time. People talk on cell phones everywhere instead of looking around and being present. The constant noise of cell phone use is annoying and often rude and inappropriate. Cell phones (including those with email) encourage people to work more, losing any sense of work-life balance.
These are solid, important complaints and we have more concerns about cell phones that we want to add to the list. We hope to re-frame the conversation about this suddenly ubiquitous technology in a broader and more urgent context. Here are six problems to consider:
- Cell phones are just a new consumer luxury item masquerading as a need. A little over a decade ago we all lived life without them. We survived flat tires, street protests, non-profit jobs, family illness and our social lives without Blackberries and Razrs. Cellphones represent a new level of privatization of phone service. Along with other ways we have punished the poor, pay phones are now on the decline, making access to phones more difficult for people without cash or credit. We have moved from sharing phones (party-lines), to household lines, to individual lines. This means more money for big business. What does it mean that so many people committed to a more socialized politics are giving so much money to the telecommunications industry? What else might we do with that money if we let go of these private status symbols and shared phones like we used to?
- If everyone else held a piece of plastic filled with cancer-causing chips next to their head all day long would you? Our friends who use cell phones tell us their ears hurt. Studies worldwide suggest cell phones are linked to brain cancer, research that the phone industry works its magic to quiet or stop. We know very well that we cannot trust big business with our health and the health of our loved ones. What’s convenient now might be very painful later. We want you to live and be well.
- Cell phones don’t grow on trees. They are made of plastic, are “disposable” (meaning made to break and be lost) and millions of them are thrown into landfills every week. Coltan, a key material that makes them work, is mined in the Congo under horrendous conditions, resulting in an estimated 3.2 million deaths since 1998, deforestation of the region and birth defects from water contamination. Like all other consumer goods, the people who use and enjoy this luxury are mostly clueless about the extreme exploitation and violence required to create them.
- Bees are the key to our food and our survival. Recent studies found that commercial bee populations suddenly declined 60-70% in the US and scientists theorize cell phone signals as a very possible cause. Scientists have proven that power lines can affect bee behavior and destroy hives and the sudden increase in hive death from cell phone signals may seriously endanger plant life and food sources for bees. While mass-produced crops like wheat and corn are pollinated by wind, some 90 cultivated flowering crops rely mostly on honeybees. According to a Cornell University study, honeybees pollinate every third bite of food ingested by Americans.
- Cell phones are recording devices used to criminalize people. Buying and using cellphones supports surveillance culture and promotes state violence. Not only can every one of your conversations (whether your phone is next to your ear or off in your bag) be heard and recorded by the telecommunications industry and the state, it can also be used as evidence against you and anyone you speak to. And even if you personally are not targeted, your cell phone dollars support policing, surveillance and imprisonment of criminalized classes of poor people and people of color.
- Scarcity and insecurity starts at home. The emotional economy of cell phones also concerns us. Capitalism makes us feel insecure and competitive for seemingly scarce resources. The same drive to consumerism and buying cell phones is the same emotional context of fear that drives war. This national-personal insecurity matrix is visible when people buy cell phones because they’re afraid of getting in an accident or being a crime victim and needing to reach the police. It is visible when people feel they have to have a cell phone for their job, to feel professionally important. It is visible when people fear that if they don’t have one, then their friends will stop calling them and they will be disconnected from social life. It feeds capitalist imperatives: every desire must be met immediately and we must always be working and striving and climbing (socially, professionally, etc.) without rest. The mindset of the cell phone is part of our brutal economy.
But why single out cell phones for these concerns? Many other products harm the environment and mobilize our minds, bodies and social connections in the interest capital. So many products have negative health impacts and so many can be used as tools of state terror. Cell phones are not unique these ways. But what concerns us is the uncritical embrace of cell phones, especially by people on the left and self-proclaimed anti-capitalist activists. While we have an ongoing critique of cars and real estate and sweatshop-produced clothing and many other things, this gigantic, new and extremely pervasive shift in consumption goes almost un-critiqued in terms of these ramifications.
This is a call for an analysis of the operation of this technology and the telecommunications market, using all the critical skills that radical activists have developed. This is an invitation to join us and get rid of your cell phone — or don’t get one in the first place. Help us resist the allures of this technology and support each other in remembering other ways to communicate, organize and connect with one another. Like all of our other endeavors to create a better world, this is not about perfection. We are all caught in this economy, engaging in consumer practices that are harmful, but we can still identify and act on the concentrations. It is more than possible to live without a cell phone – some of us find life way better without them.
Read more like this at Enough: The Personal Politics of Resisting Capitalism, a collaborative project with Roan Boucher.
For Lovers and Fighters
My essay “For Lovers and Fighters” was published in We Don’t Need Another Wave: Dispatches from the Next Generation of Feminists, edited by Melody Berger (2006).
A Polish translation of this essay is available here.
A Spanish translation is available here.
Freedom in a Regulatory State?: Lawrence, Marriage and Biopolitics, with Craig Willse
I co-authored with Craig Willse “Freedom in a Regulatory State?: Lawrence, Marriage and Biopolitics” publisehd in Widener Law Review in 2005. You can read it here.
Abstract
This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.
My Memory and My Witness
“My Memory and My Witness“ is a compilation of letters between my sibling Lis and me. Originally published in Make, these letters were reprinted in Without a Net: The Female Experience of Growing Up Working Class, edited Michelle Tea, (2004).
Excerpt:
