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USA

Includes Colonial America in what would become the USA. May also be used generally for North America if sources were not specific. See also separate tag Native America for discussions of indigenous North American cultures.

LHMP entry

The main themes by male authors in this set of texts include original poems in the classical Greek style with a relatively neutral portrayal of lesbians, and the continuing depiction of decadent lesbian eroticism, with an additional subgroup involving the frustration of author-insertion characters who desire lesbians. We also get an example of the “queer tragic triangle” in which a man and woman compete for the affections of a woman (with the man, of course, winning).

In this set of works, women seem to have discovered the usefulness of fantastic and unusual imagery to disguise some rather intense eroticism in poetry. Subtle misdirection is also used in a novel to enable homoerotic scenarios. We also have a conventional work of romantic partnership. The male authors are largely sticking to sensational and decadent eroticism and misogynistic satire, with one set of poems lapsing to a more neutral, if voyeuristic, depiction.

Renaissance drama provides a case study in how lesbian themes and female homoerotic potential can be hidden in plain sight simply by the denial of their possibility. Traub notes that even today one can find vehement denials of homoerotic content in such overtly suggestive works as Shakespeare’s Twelfth Night. And less overt content may only emerge into view through an awareness of the era’s understanding and encoding of female desire and forms of female intimacy.

[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.

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.

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.

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.

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