This chapter comes from the angle of racially-targeted immigration restrictions. Gendered dress comes into the subject, but in an oblique way. One illustration: a Chinese woman who cross-dressed to stow away on a ship to San Francisco in 1910 was charged with violating immigration law, but not with cross-dressing offences. In the context of immigration law (and especially laws targeting Asian immigrants), cross-dressing came into the rationale, not as a charge against specific individuals, but as a categorical basis for exclusion involving gendered aspects of racial stereotyping.
court case
This tag identifies court records of legal cases involving either the suspicion or reality of lesbian sex.
LHMP entry
This section summarizes the connections and intersections of legal and social attitudes toward non-normative bodies, whether involving gender, sexuality, race, or disability. These “problem bodies” provoked a combination of fascination and hostility which was resolved by instituting legal regulations to create a “safe” public space for those fitting into normative paradigms while permitting marginal existence to others as long as it served those in power.
[Note: I think the first two paragraphs here actually belong with chapter 4, I lost my section marker somehow.]
In contrast to many of the “decency” laws that disproportionately targeted minorities (such as anti-prostitution laws), cross-dressing prosecutions tended to ignore members of racial minorities unless some other significant factor were involved. This falls naturally out of the framing of normative gender as an inherently “white” possession. Therefore transgression against normative gender can only be done by those who had access to it in the first place.
Transgender individuals were the group most seriously affected by both the anti-cross-dressing laws and the intense scrutiny required to enforce them. Enforcement of something as subtle as whether the clothing being worn matched an approved body wearing it required both the police and those supporting their efforts to look closely at suspects and interpret a variety of clues. The crime, after all, was “public visibility”--if a viewer couldn’t detect the transgression, in theory it didn’t exist.
This chapter surveys specific examples of prosecutions for cross-dressing from the archival record. The examples show that although there were a wide variety of contexts in which the law could have been enforced, from those living transgender lives to feminist dress reformers to young people of both sexes cross-dressing for a night on the town, in fact arrests tended to be used tactically, following their underlying purposes. Two different categorical distinctions emerge that the law was trying to address: men versus women, and typical versus atypical gender identity.
In 1857, a woman arrested for cross-dressing successfully challenged the charge on the basis that there was no law against what she had done. Six years later, that legal absence was altered. The anti-cross-dressing law was the result of three stages of logic: that cross-dressing, prostitution, and a variety of other activities constituted indecency; that indecency was a social problem that needed to be addressed; and that local laws were an appropriate solution to that problem.
Edition and English translation of a 13th c. French Arthurian romance. Roche-Mahdi has a brief preface giving the history and context of the manuscript and a brief synopsis of the major themes.
For sheer soap-opera fascination, the trial of Katherina Hetzeldorfer in 1477 in Speier explodes a number of potential myths about lesbian activity in medieval Europe -- whether that there was none, or that it was given no official or legal notice.
The author is looking through 18th century civic records from Hamburg, Germany for data about same-sex relationships, primarily in legal contexts. The majority of the article covers male topics, but one particular example involving women is explored in some depth. The case of Ilsabe Bunck and Maria Cäcilia Jürgens initially appears in legal contexts, but later became sensationalized and is often treated in a moralizing or voyeuristic way.
This is a sourcebook of excerpts (in translation) from historic documents relating to France during the 16-18th centuries that relate in some way to same-sex relationships. The documents cover court records, personal correspondence, religious commentary, medical opinion, satire, and political polemic. While most items take an external point of view, some are (or purport to be) from the point of view of homosexuals themselves.
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