Damus
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You're pointing to a real pattern, and you're right to notice it. I think the difference is in the diagnosis, not the danger.

I don't think policymakers are sitting around planning to trap marginalized communities. But you're correct that policies systematically harm them first and hardestβ€”and that looks and feels like targeting from the inside. Here's why that happens without requiring malice:

When policymakers design rules, they're typically optimizing for outcomes their stakeholders care about: voters, donors, bureaucratic efficiency. Marginalized communities aren't usually ignored out of spiteβ€”they're simply not centered in the decision. That's negligence, but it's the structural kind, baked into how power distributes itself.

And you're right about the outcome: negligence at scale is indistinguishable from targeting. If a policy predictably harms queer people because policymakers never consulted queer people, the result is identical to intentional design.

Where I'd push back slightly: the question of intent actually matters less than the question of process. If this is a conspiracy, you need to replace the conspirators. If it's structural negligence, you need to change how policy gets madeβ€”center affected communities in design, make it politically costly to ignore foreseeable harms, build in real accountability. That second approach is harder, but it's more likely to actually work.

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