Difference between revisions of "Cross-Dressing and the Law"

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(New page: Cross-dressing and the Law Today, many people believe that Bloomington is an island unto itself that is inclusive of diversity and gender expression. In 2006, Bloomington Indiana passed...)
 
 
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Cross-dressing and the Law
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Bloomington, Indiana has a reputation for being a bastion of queerness, an island unto itself marked by inclusiveness of diversity of gender expression and sexual orientation. This page represents an exploration of the history of the law regarding individuals whose personal presentation preferences are atypically matched to their sex-assigned-at-birth, in this self-proclaimed queer-friendly community.
  
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Today, many people believe that Bloomington is an island unto itself that is inclusive of diversity and gender expression.  In 2006, Bloomington Indiana passed a law prohibiting discrimination on the basis of gender identity or gender expression.(Placeholder1)  In an attempt to find out the history of the climate for people who lived here and were unable to dress in the clothing they felt suited them. This page is about researching Bloomington’s history and the surrounding communities to find out if there were or are municipal laws against cross-dressing.  The research thus far, shows that cross dressing has never been a violation of the Bloomington Municipal Code. Only the state of Indiana can pass criminal laws. Local governments can not create criminal laws, which are enforced with fines, but not arrest and jail times like criminal laws are enforced.  City ordinances are passed by the City Council by a majority vote and are then signed or (pretty rarely in Bloomington) vetoed by the mayor.  “Local ordinances” and “municipal ordinances” are the same thing. 
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==Legal Specifics==
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In 1971, Mr. Jamie Howell the director of a transvestite information service wrote letters to cities all over the United States and Canada inquiring if there were any local ordinances in their cities against cross dressing.  Three cities in the state of Indiana responded to the letters written.  The city of Hammond, South Bend, and Indianapolis all gave the same response they advised Mr. Howell to seek legal counsel to obtain the requested information.  (Placeholder2).  Although three cities in Indiana stonewalled the question the state of Illinois gave a clear resounding yes to the question along with a copy of the ordinance and the amount of the fine.  
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In researching Indiana no ordinances have been found dating back as far as 1941.  Is it true that the policy on gender is informal rather than strictly regulated, and what does it really mean?  It is hard to believe that although no record has been found that cross dressing has not been regulated in some way, particularly when in 2006 a law was passed prohibiting discrimination for gender identity and gender expression. 
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===Mechanics===
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Below is a list of documents (ordinances, articles, interviews, and letters) relating to the historical climate regarding cross-dressing and the law.
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In Bloomington, city ordinances are passed by the City Council through a majority vote, after which the mayor can sign or veto it. "Local ordinance" and "municipal ordinance" refer to the same thing: laws governing the municipal area of Bloomington, Indiana. Municipal ordinances are enforced through fines; only the state of Indiana is authorized to create criminal laws, which are enforce through arrest and jail time.
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===Municipal Code of Bloomington===
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Research indicates that "crossdressing" (defined as the wearing of clothing associated with the "opposite sex" of one's sex-assigned-at-birth) has never specifically been a violation of the Bloomington Municipal Code.  
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However, in many jurisdictions, there were laws against "disguise" or "mayhem" that were used to curb crossdressing. Whether such laws were used to such ends in Bloomington is unclear.
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In 2006, an ordinance was passed by the Bloomington City Council prohibiting discrimination on the basis of gender identity or gender expression. However, there are no specified fines for violation of the ordinance or any listed means of enforcing it.
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==Crossdressing in Indiana and the Midwest==
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===Indiana===
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In 1971, Mr. Jamie Howell, the director of a transvestite information service, wrote letters to cities all over the United States and Canada inquiring about local ordinances against cross dressing.  Three cities in the state of Indiana responded to the letters written.  The cities of Hammond, South Bend, and Indianapolis all gave the same response: they advised Mr. Howell to seek legal counsel to obtain the requested information.   
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===Outside Indiana===
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Although three cities in Indiana stonewalled the Mr. Howell's inquiries, cities in the state of Illinois gave very specific answers to Mr. Howell, including copies of the ordinance and the amount of the associated fine.
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Several other cities in the Midwest responded similarly to the Indiana cities, however, by refusing to "offer legal counsel" by answering Howell's question.
 
    
 
    
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List of Documents
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Sources
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1969-02-?? Indiana Daily Student “Opposite gender means sex?”
 
1969-02-?? Indiana Daily Student “Opposite gender means sex?”
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1970-06-24 Indianapolis, Indiana
 
1970-06-24 Indianapolis, Indiana
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1971-10-26 Hammond, Indiana
 
1971-10-26 Hammond, Indiana
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1972-03-14 South Bend, Indiana
 
1972-03-14 South Bend, Indiana
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1922 The Chicago Municipal Code - General ordinance 2666 Indecent exposure
 
1922 The Chicago Municipal Code - General ordinance 2666 Indecent exposure
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1922 The Chicago Municipal Code - General ordinance 2675 Masking in public
 
1922 The Chicago Municipal Code - General ordinance 2675 Masking in public
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1922 The Chicago Municipal Code - General ordinance 2676 Bathing suits
 
1922 The Chicago Municipal Code - General ordinance 2676 Bathing suits
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1971-10-26 Rockford, Illinois
 
1971-10-26 Rockford, Illinois
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1971 Rockford, Illinois Ordinance 19-25
 
1971 Rockford, Illinois Ordinance 19-25
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1972-05-2 Chicago, Illinois
 
1972-05-2 Chicago, Illinois
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1972-05-16 Glen Ellyn, Illinois
 
1972-05-16 Glen Ellyn, Illinois
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1973-10-24 The Advocate “Chicago judge axes cross-dressing law”
 
1973-10-24 The Advocate “Chicago judge axes cross-dressing law”
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1978 Chicago v. Wilson
 
1978 Chicago v. Wilson
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1983-08-14 Daily News “Boys will be girls at Indiana club”
 
1983-08-14 Daily News “Boys will be girls at Indiana club”
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2008-09-26 http://www.lambdalegal.org/news/pr/federal-court-lawsuit-defending-logan.html
 
2008-09-26 http://www.lambdalegal.org/news/pr/federal-court-lawsuit-defending-logan.html
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2009-11-19 Bloomington, Indiana interview with Vicci Laine
 
2009-11-19 Bloomington, Indiana interview with Vicci Laine
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2009-11-20 Bloomington, Indiana  
 
2009-11-20 Bloomington, Indiana  
  
  
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<gallery Caption="Sample Caption">
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<gallery>
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Glen ellyn.jpg
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Image:Glen ellyn.jpg|Letter from Glen Ellyn, Illinois
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Hammond.jpg
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Image:Hammond.jpg|Letter from Hammond, Indiana
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Indianapolis.jpg
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Image:Indianapolis.jpg|Letter from Indianapolis, Indiana
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South bend.jpg
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Image:South bend.jpg|Letter from South Bend, Indiana
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</gallery>
  
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</gallery>
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[[Category:Before Stonewall]][[Category:Law]][[Category:Transgender]][[Category:Indiana]][[Category:Stryker]]

Latest revision as of 15:03, 22 March 2010

Bloomington, Indiana has a reputation for being a bastion of queerness, an island unto itself marked by inclusiveness of diversity of gender expression and sexual orientation. This page represents an exploration of the history of the law regarding individuals whose personal presentation preferences are atypically matched to their sex-assigned-at-birth, in this self-proclaimed queer-friendly community.

Legal Specifics

Mechanics

In Bloomington, city ordinances are passed by the City Council through a majority vote, after which the mayor can sign or veto it. "Local ordinance" and "municipal ordinance" refer to the same thing: laws governing the municipal area of Bloomington, Indiana. Municipal ordinances are enforced through fines; only the state of Indiana is authorized to create criminal laws, which are enforce through arrest and jail time.

Municipal Code of Bloomington

Research indicates that "crossdressing" (defined as the wearing of clothing associated with the "opposite sex" of one's sex-assigned-at-birth) has never specifically been a violation of the Bloomington Municipal Code.

However, in many jurisdictions, there were laws against "disguise" or "mayhem" that were used to curb crossdressing. Whether such laws were used to such ends in Bloomington is unclear.

In 2006, an ordinance was passed by the Bloomington City Council prohibiting discrimination on the basis of gender identity or gender expression. However, there are no specified fines for violation of the ordinance or any listed means of enforcing it.

Crossdressing in Indiana and the Midwest

Indiana

In 1971, Mr. Jamie Howell, the director of a transvestite information service, wrote letters to cities all over the United States and Canada inquiring about local ordinances against cross dressing. Three cities in the state of Indiana responded to the letters written. The cities of Hammond, South Bend, and Indianapolis all gave the same response: they advised Mr. Howell to seek legal counsel to obtain the requested information.

Outside Indiana

Although three cities in Indiana stonewalled the Mr. Howell's inquiries, cities in the state of Illinois gave very specific answers to Mr. Howell, including copies of the ordinance and the amount of the associated fine.

Several other cities in the Midwest responded similarly to the Indiana cities, however, by refusing to "offer legal counsel" by answering Howell's question.

Sources

1969-02-?? Indiana Daily Student “Opposite gender means sex?”

1970-06-24 Indianapolis, Indiana

1971-10-26 Hammond, Indiana

1972-03-14 South Bend, Indiana

1922 The Chicago Municipal Code - General ordinance 2666 Indecent exposure

1922 The Chicago Municipal Code - General ordinance 2675 Masking in public

1922 The Chicago Municipal Code - General ordinance 2676 Bathing suits

1971-10-26 Rockford, Illinois

1971 Rockford, Illinois Ordinance 19-25

1972-05-2 Chicago, Illinois

1972-05-16 Glen Ellyn, Illinois

1973-10-24 The Advocate “Chicago judge axes cross-dressing law”

1978 Chicago v. Wilson

1983-08-14 Daily News “Boys will be girls at Indiana club”

2008-09-26 http://www.lambdalegal.org/news/pr/federal-court-lawsuit-defending-logan.html

2009-11-19 Bloomington, Indiana interview with Vicci Laine

2009-11-20 Bloomington, Indiana


  • Letter from Glen Ellyn, Illinois

  • Letter from Hammond, Indiana

  • Letter from Indianapolis, Indiana

  • Letter from South Bend, Indiana

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