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19th c

LHMP entry

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.

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.

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.

In the second half of the 19th century, a number of U.S. cities instituted laws against cross-dressing. Past studies have tended to investigate this topic from a context of gender transgression or sexuality, seeking to claim that piece of history variously for gays and lesbians or for transgender people, or simply for gender non-conformists in general.

This chapter lays out the historic and cultural background of cross-gender behavior in mid-19th century California, and in San Francisco in particular. The demographic effects of the Gold Rush, with its sudden and overwhelming immigration of miners (primarily male) is the most obvious, but this came hard on the heels of the forcible transfer of California from Mexico to the United States, with resulting upheavals in the balance of power between various racial, economic, and religious groups.

Chapter 1 (Introduction)

A discussion of terminology, some of the cross-cultural problems of defining the topic of the book, and a statement of intent.

Chapter 2 (In the Beginning: 40,000-1200 BCE)

The article concerns the interrelationships in the Mamluk military caste between the lack of an ability to pass on inheritance, the relatively high status of women, and a general acceptance of homosexuality (among men). At the end of the article is an appendix discussing cross-gender behavior and possible evidence for lesbianism among women in the Mamluk community. One author (Mervat Hatem), discussing 18-19th century Mamluks in Egypt, notes “Lesbian women in Mamluk harems behaved like Mamluks, riding pedigreed horses, hunting, and playing furusiya (chivalrous) games.

The increasing divide between the derided image of erotic sapphic relations and the praiseworthy image of female domesticity, epitomized by non-erotic woman+woman couples, is played out in attitudes toward certain couples. The “Ladies of Llangollen” (Eleanor Butler and Sarah Ponsonby) were firmly established in the popular imagination as the model of non-sexual romantic friendship.

Lanser examines the conjunction of the novel as a genre with "modernity" as defined in this work and considers its relationship to sapphic themes, despite the superficially overwhelming heteronormativity of the genre. One hallmark of the novel is the way in which it explores the contradictory imperatives of self-determination and socialization. The focus of the novel on the formation of couples and the subjective nature of desire opens the conversation--as previously seen with political and social conversations--to the inclusion or exclusion of sapphic subjects under that rubric.

Riffing off the title of Foucault's The History of Sexuality, Lanser turns the underlying question around. Rather than questioning what historic sources can tell us about human sexuality, she asks what the discourse about human sexuality can tell us about history. This book focuses on published discussions or treatments of “sapphic” themes in the 16-19th centuries.

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