A few weeks ago in Phoenix I heard a passionate plea for LGBT equality and it stuck in my craw, left me bursting with frustration at the definition of equality that formed the unspoken, unquestioned bedrock of the plea: an underlying presumption that equality could and would be attained through particular legal changes.
The prophetic voice in my heart shouted that any movement that focuses on the pursuit of rights and equality through the legal system leaves behind all of the people who do not have equal access to that system and its protections—those people who live on the margins, the undocumented, incarcerated, homeless, children and youth, disabled, economically dispossessed. Those who are criminalized and oppressed by the criminal legal system itself.
I thought to myself: Are we so quick to forget our history? That long history we’ve had of criminalization and oppression by the criminal legal system because of our gender expressions or the gender of the people we love and partner with? It’s only recently that some of us have begun to be able to access the legal system and its protections. Not all of us have access. Many of us are still criminalized and oppressed by the system. For those who are, employment non-discrimination legislation will do little to alleviate the struggle. Hate crimes legislation will only exacerbate the struggle. And extending the charmed circle of those who can get legally married will ultimately fall short of equality. Continue reading