Cecily Zamora
Cross-dressing laws have been used since the 19th century to target and criminalize gender non-conformity, with cities across the United States passing laws to enforce gender-conforming dress codes. These laws were often vague and flexible, allowing police to target a wide range of gender expressions, including masculine women, transvestites, and people identifying as transgender or gender non-conforming. Despite many of these laws being overturned or invalidated, there are still concerns about the re-introduction of anti-cross-dressing legislation, as evidenced by recent drag bans in multiple US states. The history of these laws and their enforcement provides a context for understanding the ongoing struggles for LGBTQ+ rights and gender expression.
| Characteristics | Values |
|---|---|
| Time period | 19th and 20th centuries |
| Locations | US cities, including St. Louis, Missouri; Columbus, Ohio; Nashville, Tennessee; and San Francisco |
| Laws | Anti-cross-dressing laws, drag bans, masquerade laws, anti-disguise laws |
| Affected communities | Trans and queer communities, LGBTQ+ people, gender non-conforming individuals |
| Enforcement | Police harassment, arrests, imprisonment, abuse |
| Legal challenges | Arguments for freedom of expression, medical necessity, and protected expression |
| Current status | Most anti-cross-dressing laws have been overturned or invalidated |
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What You'll Learn
Anti-cross-dressing laws in the US
Anti-cross-dressing laws were often enacted as part of broader anti-vice campaigns targeting prostitution, vagrancy, public drunkenness, and disorderly conduct. For example, San Francisco's 1863 law outlawed cross-dressing as one manifestation of indecency, alongside public nudity and indecent exposure. During the nineteenth century, these laws were flexible tools for policing a wide range of gender transgressions. They were also the exclusive domain of local governments, with no state or federal legislature directly outlawing cross-dressing. However, several states passed anti-disguise or masquerade laws that were enforced to criminalize cross-dressing.
The enforcement of these laws disproportionately affected trans women, male transvestites, and drag queens, with police priorities focusing on sexual deviance among those perceived as men. The laws also reflected the social and economic changes of the time, including urbanization, industrialization, shifting immigration patterns, and changing gender norms.
Trans and gender non-conforming individuals, along with their lawyers, played a crucial role in challenging anti-cross-dressing laws. They argued that cross-dressing was a benign fashion choice, a protected form of expression, or a necessary medical treatment for transsexuality. By the 1960s and 1970s, cross-dressing arrests were increasingly thrown out of court, and many anti-cross-dressing laws were invalidated. However, the history of these laws provides context for understanding how gender non-conformity was, and continues to be, policed in the US.
Today, there is a wave of bills and laws that restrict the rights of trans and queer communities, including limiting access to public bathrooms, school sports, and gender-affirming healthcare. Drag bans, in particular, echo the earlier anti-cross-dressing laws of the nineteenth century and the mid-twentieth century, targeting queer and trans communities.
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The history of anti-LGBTQ+ laws
Anti-LGBTQ+ laws have a long and complex history, with many early laws and resolutions using ambiguous language to criminalize and discriminate against the LGBTQ+ community. While the exact beginning of federal anti-gay legislation is difficult to pinpoint, early measures such as the Immigration Act of 1917 were used to restrict the immigration of individuals based on their sexual orientation.
In the nineteenth century, anti-vice campaigns gained traction, targeting prostitution, vagrancy, public drunkenness, and disorderly conduct. During this period, local governments in the United States enacted indecency and public nuisance laws, including cross-dressing laws, to impose their vision of social order. By the end of the century, over forty US cities had passed laws banning public appearance in "a dress not belonging to his or her sex". These laws were flexible tools used to police a wide range of gender transgressions and enforce normative gender expectations.
The twentieth century saw continued efforts to secure LGBTQ+ rights and challenge discriminatory laws. In 1975, an Ohio law prohibiting cross-dressing was invalidated as unconstitutionally vague, marking an early victory for transgender rights. The 1970s also witnessed the passage of municipal and county ordinances barring discrimination in employment, housing, and public accommodations. However, these ordinances faced heated opposition and were repealed in several jurisdictions.
Despite these setbacks, the LGBTQ+ movement gained significant momentum in the following decades. The United States Supreme Court played a pivotal role in advancing LGBTQ+ rights by striking down sodomy laws, invalidating state laws banning protected class recognition based on homosexuality, and legalizing same-sex marriage nationwide. Additionally, the court prohibited employment discrimination against gay and transgender employees and ensured nationwide adoption rights for same-sex married couples.
While there have been notable advancements in LGBTQ+ rights, the community continues to face challenges. In recent years, there has been a wave of anti-trans laws and restrictions targeting access to public bathrooms, school sports, and gender-affirming healthcare. As of 2023, over 400 local anti-LGBTQ+ bills have been introduced, reflecting ongoing efforts to erode the hard-won rights of the LGBTQ+ community.
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The impact of anti-cross-dressing laws on trans and gender non-conforming individuals
Anti-cross-dressing laws have had a significant impact on the lives of trans and gender non-conforming individuals, both historically and in the present day. These laws, which were enacted in various US cities during the nineteenth century, specifically targeted those who presented a gender different from the one assigned to them at birth. The laws were often vague and flexible, allowing law enforcement to interpret them broadly and enforce normative gender expectations on a wide range of gender identities.
The impact of these laws was far-reaching and detrimental to the trans and gender non-conforming community. People who defied gender norms by cross-dressing were arrested, fined, and even sentenced to jail terms. The laws also led to police harassment, abuse, and public exposure, which could be devastating for those targeted. In some cases, individuals were even institutionalised in psychiatric wards solely for dressing in a way that did not align with their assigned sex.
Trans and gender non-conforming individuals were particularly vulnerable to the negative consequences of these laws. They faced legal penalties for simply expressing their authentic selves and living as their true gender. The laws interfered with their medical treatment, as established standards of care for trans individuals often involve presenting as the gender with which they identify. By criminalising this aspect of healthcare, anti-cross-dressing laws directly impacted the health and well-being of trans people.
However, it is important to note that the enforcement of these laws was not universal or consistent. Over time, there were numerous challenges to anti-cross-dressing laws, with defendants arguing that they infringed on their right to self-expression and constituted cruel and unusual punishment. By the 1960s, with the increasing medical recognition of transsexuality, doctors began to testify in court that these laws interfered with their patients' treatment. As a result, some state courts invalidated anti-cross-dressing laws, recognising the harm they caused to trans and gender non-conforming individuals.
Today, while many anti-cross-dressing laws have been overturned or deemed unconstitutional, the legacy of these laws continues to affect the trans and gender non-conforming community. Furthermore, recent legislative trends in multiple US states have restricted trans individuals' access to public spaces, school sports, and gender-affirming healthcare. These developments echo the past, underscoring the ongoing struggle for trans and gender non-conforming individuals to live authentically and safely without legal repercussions.
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Police enforcement of anti-cross-dressing laws
Anti-cross-dressing laws have been used to police gender expression and enforce heteronormative ideas of gender. While the laws may not explicitly mention cross-dressing, they are used to target and criminalize those who do not conform to strict gender norms. These laws gained popularity in the 19th century, with 34 cities in 21 states passing laws to police cross-dressing between 1845 and 1900. For example, in 1874, California passed a masquerade law that was later used to arrest people for cross-dressing. Similarly, New York's anti-disguise law of 1845 was used to criminalize a range of cross-dressing practices.
Police enforcement of these laws has been widespread and often targeted LGBTQ+ individuals. In the 1940s, '50s, and '60s, police arrested people based on an informal "three-article" rule, which required individuals to wear at least three articles of clothing of their assigned gender. This rule was enforced during police raids on queer bars, leading to the arrest of lesbians, trans women, and gay men in drag. Police also interrupted drag performances and used anti-cross-dressing laws as part of their anti-prostitution efforts.
The association between cross-dressing and homosexual effeminacy, sex work, and gender "fraud" has been a driving factor in police enforcement. Police officers often targeted individuals perceived as men who were wearing women's clothing, such as in Memphis, where four men were arrested for "impersonating females" while singing and dancing in women's clothing. Similarly, in Lexington, Kentucky, four performers were initially arrested for go-go dancing in violation of a local morality law, but were then rebooked for "wearing disguises."
The enforcement of anti-cross-dressing laws has been challenged by civil rights campaigners and lawyers, who argue that these laws are vague and difficult to enforce due to the increasing popularity of unisex clothing. For example, in 1971, the ACLU of Florida teamed up with LGBTQ+ organizations to argue that Miami Beach's anti-cross-dressing ordinances were unconstitutional. These challenges have helped to highlight the issues with enforcing anti-cross-dressing laws and the potential for them to be misused to target and discriminate against gender non-conforming individuals.
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Legal challenges to anti-cross-dressing laws
Anti-cross-dressing laws have been used to target people dressing in clothes traditionally associated with another gender since the 19th century. In the US, these were known as "masquerade laws", and were used to target and harass LGBTQ+ people. One of the earliest such laws was passed in St Louis, Missouri, in 1843, followed by Columbus, Ohio, in 1848, and Nashville, Tennessee, in 1850. Over time, more than 40 US cities created similar laws limiting the clothing people were allowed to wear in public.
In the 20th century, police raids on queer bars and spaces became more common, and the visibility of clothing made cross-dressing an easy target. Police often enforced a “three items of clothing" rule, requiring people to wear three articles of gender-appropriate clothing or face arrest. However, by the time the counterculture movement gained momentum, cross-dressing arrests were routinely dismissed in court, and were seen as a form of police harassment.
Several legal challenges have been mounted against anti-cross-dressing laws. One of the earliest known challenges was made by Milton Matson in 1903, who appeared in a San Francisco courtroom following his arrest as a "female in male attire". Matson explained that he had lived as a man for over 20 years and demanded legal recognition of his manhood and the right to wear men's clothes. Although his challenge was unsuccessful, it sparked cultural debate about the legitimacy of cross-dressing laws and contributed to the law's demise in the mid-20th century.
Another legal strategy that was employed was to challenge the vagueness of cross-dressing bans, inviting courts to invalidate the laws without requiring judges to understand the defendants' gender identities. In some cases, lawyers argued that cross-dressing was a form of expression protected by the First and Fourteenth Amendments. Additionally, the Queens Liberation Front formed in the late 1960s and successfully pressured authorities in New York to remove anti-cross-dressing provisions in permits for dances, catering, and cabarets.
Despite the progress made, anti-cross-dressing laws and drag bans continue to be introduced in various states, targeting transgender and queer communities. These laws often restrict access to public spaces, school sports, healthcare, and employment. However, legal challenges and collective organizing have been effective tools in the past and continue to play a crucial role in protecting the rights and visibility of gender non-conforming individuals.
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Frequently asked questions
Most anti-cross-dressing laws have been overturned, but there has been a recent wave of attacks on trans and queer communities, including laws restricting trans people's access to public bathrooms, school sports, and gender-affirming healthcare.
From the mid-19th century, dozens of US "masquerade laws" were used to target cross-dressing or dressing as another gender. These laws were typically passed as part of broader anti-vice campaigns that also targeted prostitution, vagrancy, public drunkenness, and disorderly conduct.
Enforcement of these laws often took the form of police harassment and abuse of LGBTQ+ people. Arrests were common, and people were routinely targeted for breaking gendered-clothing laws.
Those arrested were often imprisoned and abused. In one case, a San Francisco judge sent Dick/Mamie Ruble to the Stockton Insane Asylum for wearing the apparel of a different sex. Ruble remained in the psychiatric facility for 18 years until their death in 1908.
Gender outlaws and their lawyers drew on the popularity of unisex clothing, movements for free expression, and emerging medical discourses on gender identity to argue that cross-dressing could be a benign fashion choice, a protected expression, or a necessary medical treatment for transsexuality.
