Not a Fad: A Trans History Lesson

Chapter 1: Codes of Law

Piecing together the ancient and medieval world is much different than studying modern times. There are no photographs or video tapes, and the written record is often incomplete. What writing has survived was most likely preserved by those in power. It's a cliche, but history truly is written by the victors.

So, unlike learning about the transgender experience in 20th or 21st century America, there are no first-hand accounts of what it was like for a gender-nonconfirming individual living under Roman rule or in a European medieval town. But we can learn a surprising amount from reading between the lines and drawing inferences from what is available.

Laws are really import sources of information about pre-modern societies. Governments and religions make laws for two main reasons: to tell people how they are expected to behave and in response to a perceived problem.

Here's a modern example. What are the most important rules in an elementary school? Maybe, "Use kind words," or, "Try your hardest." These are great rules because sometimes kids forget to be kind or they don't try their hardest, and following these rules will help those children be better students. What about a rule against freezing time during a test? No, that's not a rule you had in elementary school? A rule against freezing time is ridiculous because no one can freeze time. It's not a problem that needs to be prevented.

We can apply this same logic when examining another culture's code of law.

In both ancient and medieval Europe there were laws against cross dressing. These laws would not have been written unless cross dressing was occurring and someone in power perceived it as a problem.

An oft-quoted passage from Deuteronomy 22:5 bluntly states that, "woman shall not wear that which pertaineth unto man, and neither shall man put on a woman's garment." This clearly asserts that it is equally wrong for either a woman or a man to cross dress. Why bother writing this law unless there were people in biblical-day society who felt compelled to wear clothes of a gender that did not match their biological sex?

This same sentiment is reflected in a written statute of the medieval republic of Florence, which reads, "it is established that no woman is to go about the city or suburbs dressed in male 'virile' clothing, nor any man in female clothing" (Dean 199). Florence was not the only city to establish gender-based dress codes during the Middle Ages. Sumptuary laws restricting appropriate dress based upon both class standing and gender were actually quite common during this time period (Garner 21-32). These laws were intended to maintain the status quo, both of social standing and of gender lines.

The fact that these laws were deemed necessary reveal that cross dressing and gender variance existed in ancient and medieval European society. However, these laws only tell us that cross dressing occurred and that they were perceived as unacceptable. They do not hint at a person's motives or identity.

We need to look to additional types of sources to gain insight at who these people who blurred gender lines were.

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Author's Note:

Were there any facts that you learned and found interesting?

Was there anything in this chapter that you found confusing? Or do you have any followup questions?

Thanks,
- Brian