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In recent years, school districts have faced numerous questions surrounding accommodations of transgender students. Strong objections to accommodations have been voiced in public argument and litigation, primarily in the areas of athletics, bathrooms, and dress codes. As younger transgender students express their gender identity at school, however, the existing objections are weakened by considering the context of elementary rather than high school students. Greater numbers of young transgender students will likely encourage accommodation of trans students of all ages, as well as challenge the gender binary unconsciously taught in school.

After setting the political and personal contexts, defining key terms, and comparing Indigenous and restorative justice, I clarify three interrelated sites of contestation between and among feminist and anti-racist groups as these relate to alternative justice practices. They are the inequality caused by crime (victims and offenders), social divisions (race and gender politics), and individuals and collectivities (rights of offenders and victims). I outline an intersectional politics of justice, which seeks to address the conflicts at each site. My intersectional framework attempts to align victims’ and offenders’ interests in ways that are not a zero sum game, and to find common ground between feminist and anti-racist justice claims by identifying the negotiating moves each must make. It proposes that victims and offenders have positive rights that are not compromised by collectivities.