Last week I had the pleasure of participating in the 2025 Symposium – Transcendence: Legal Efforts to Protect and Advance LGBTQIA+ Youth Rights at Georgetown Law Center, hosted by the Georgetown Journal of Gender and the Law, where my forthcoming article Black Trans(gressive) Lives: Furtive Blackness & The Surround of Extralegal Violence will be published in the coming weeks. I hope you enjoy the discussion and the forthcoming article. Please share the piece, your thoughts and consider becoming a paid subscriber to the substack!
Best Constitutional Arguments for Transgender Rights
Moderated by Professor Naomi Mezey (she/her), Agnes Williams Sesquicentennial Professor of Law and Culture, Georgetown University Law Center
Speakers:
Dr. Anansi Wilson (he/they), Visiting Associate Professor of Law, Kansas University School of Law
Professor Noa Ben-Asher (they/them), Professor of Law, St. John’s University School of Law
Professor Diane (Klein) Kemker (she/her), Adjunct Professor of Law, Pepperdine Caruso School of Law and Loyola Law School (Los Angeles)
Keywords
transgender rights, constitutional law, intersectionality, race, citizenship, equality, legal arguments, immutability, animus, coalition building, racism, law, democracy, citizenship, power dynamics, marginalization, joy, reimagining, jurisprudence, historical context
Summary
The panel discusses the best constitutional arguments for transgender rights, exploring the intersection of race, citizenship, and legal frameworks. The conversation highlights the challenges posed by immutability and animus in legal arguments, and emphasizes the need for coalition building among marginalized communities to strengthen the fight for equality and justice. This conversation delves into the intersections of law, racism, and democracy, exploring how historical contexts shape current legal frameworks and societal norms. The speakers discuss the radical nature of citizenship, the role of law in legitimizing violence, and the importance of reimagining democracy to include marginalized voices. They emphasize the need for a new jurisprudence that reflects humanity and the complexities of power dynamics, while also finding joy and resilience in the face of systemic challenges.
Takeaways
The 14th Amendment is being misused against marginalized communities.
Immutability arguments can be problematic for transgender rights.
Coalition building is essential for advancing justice for all.
The current attacks on transgender rights are linked to white nationalism.
Legal arguments must engage with the realities of prejudice and discrimination.
The fight for transgender rights is intertwined with racial justice.
Truth-telling in legal education is crucial for understanding systemic issues.
The historical context of race laws informs current legal challenges.
Trans rights are fundamentally about liberty and freedom of expression.
Engaging with intersectionality is vital for effective advocacy. The Nazis studied American laws to shape their own discriminatory practices.
Democratization is a radical idea that challenges existing power structures.
The concept of democracy has historically excluded marginalized groups.
Law can be a tool for both oppression and liberation.
Creating new norms requires a reimagining of existing legal frameworks.
Violence is often legitimized through legal systems.
Marginalized voices must be included in discussions about democracy.
Finding joy is essential in the struggle for justice.
The decisions we make daily contribute to the societal norms we create.
Understanding history is crucial for addressing current injustices.
Titles
Constitutional Rights and Transgender Advocacy
Navigating Legal Frameworks for Trans Rights
The Intersection of Race and Gender in Law
Challenging Immutability in Legal Arguments
Building Coalitions for Justice and Equality
Racism and Law: A Historical Perspective
Sound Bites
"We need to engage with the reasons behind prejudice."
"This is a moment of white nationalism."
"Tell the truth about the lie beneath the law."
"The Nazis went to the Americans."
"Democratization. I put a little extra syllable in there."
"This isn't about democracy dying."
"Power has no conscience."
"Courage is contagious, it's not."
"Law is nothing more but the legitimization of violence."
"You have to deal with what you do when you feel wronged."
"We create every single day with the decisions we make."
"The purposeful rememory of the things that have happened."
Chapters
00:00Introduction to the Panel and Participants
05:11Constitutional Arguments for Transgender Rights
09:50The Role of Immutability and Animus in Legal Arguments
20:08Intersection of Race, Citizenship, and Trans Rights
29:49Coalition Building and the Future of Trans Rights
37:02Historical Context of Racism and Law
40:02Democratization and the Radical Nature of Citizenship
43:04Reimagining Democracy and Power Dynamics
46:07The Role of Law in Society
50:48Creating New Norms and Jurisprudence
54:05Addressing Violence and Marginalization
58:05Finding Joy and Radical Reimagining
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