When Dressing in Drag Was Labeled a Crime (2024)

Rusty Brown started dressing as a man, first as a disguise to get a factory job since she lost her war-time position as a machinist at the close of World War II, then in order to work as a drag king. This is when her troubles began.

“I have been arrested in New York more times than I have fingers and toes,” she told an interviewer from the San Francisco Lesbian and Gay History Project in 1983, “for wearing pants and a shirt.” At that time, she says, “you had to have three pieces of female attire” in order to avoid being arrested for cross-dressing.

In LGBTQ circles around the country, this was known as the three-article rule—or the three-piece law. It was referenced everywhere—including in reports aboutarrests in Greenwich Village in the weeks and months leading up to the1969 Stonewall Riots.

The problem is, the law technically never existed. Instead, accounts suggest that police generally used old, often unrelated laws to target LGBT people throughout the 1940s, ‘50s and ‘60s.

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A police officer arrests a male cross-dresser in a ball gown, circa 1940.

Masquerade Laws Revived to Target LGBTQ

Laws criminalizing cross-dressing spread like wildfire around the United States in the mid-19th century. New York’s, dating back to 1845, was one of the oldest. It declared it a crime to have your “face painted, discolored, covered, or concealed, or [be] otherwise disguised… [while] in a road or public highway.”

The state originally intended the law to punish rural farmers, who had taken to dressing like Native Americans to fight off tax collectors. But as scholar William N. Eskridge, Jr. recounts in his encyclopedic book Gaylaw, “by the beginning of the 20 century, gender inappropriateness… was increasingly considered a sickness and public offense.”

Existing laws against costumed dress, even if they didn’t specifically mention cross dressing—collectively referred to as “masquerade laws”—were increasingly pressed into service around the country to punish gender variance.

That these laws were often ill-suited to the task didn’t matter.

In Brooklyn in 1913, for instance, a person who we would today call a transgender man was arrested for “masquerading in men’s clothes,” smoking and drinking in a bar. When the magistrate noted that the state’s masquerade law was intended only to criminalize costumed dress used as a cover for another crime, the police were forced to let the man go. However, they promptly re-arrested him, charged him with “associating with idle and vicious persons,” and found a new magistrate to try the case.

When he was found guilty and sentenced to three years in a reformatory, the judge made it clear that despite the new charge, he was being punished for his dress. “No girl would dress in men’s clothing unless she is twisted in her moral viewpoint,” the magistrate proclaimed from the bench, according to a September 3, 1913 article in the Brooklyn Daily Eagle.

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Many men dressed as women were locked up on charges of masquerading and indecent exposure at the National Variety Artists' Exotic Carnival and Ball held at the Manhattan Center in 1962. Police and detectives herded the costumed guests into police wagons in front of the ball. 

Three-Article Rule Becomes Code

As America’s fear and panic over LGBTQ people became increasingly vocal and widespread in the mid-20 century, arrests like this became more and more common. Still, those arrests primarily revolved around 19th-century masquerade laws, none of which specified a number of articles of clothing to avoid arrest. So where does the idea of the three-article rule come from?

Kate Redburn, a JD/PhD candidate in queer and trans legal history at Yale University (who uses the gender-neutral pronoun, "they"), has discovered a few clues in their research. First, they say that mentions of the three-article rule are almost all retrospective, meaning they come up in interviews and memoirs about the 1940s, ‘50s, and ‘60s, but not in documents actually produced in those years.

Second, none of the cross-dressing laws they could find mentioned a specific number of clothing articles. Curious, they turned to more esoteric sources of legal codes, including military law and police procedural manuals (which lay out how a law on the books should be put into practice on the ground). When those also turned up nothing, they came up with two explanations: either the three-article law was an informal rule of thumb used by the police, or, essentially, a term used by the LGBTQ community as a way to easily warn each other.

Christopher Adam Mitchell, who researches LGBTQ history at New York City’s Hunter College, came to a similar conclusion. In the mid 20th century, he said, both the police and LGBTQ communities around the country were becoming more interconnected, making it easier for this kind of information to flow between localities, which explains why it gets referenced everywhere. Mitchell also noticed an additional wrinkle: gay men and transgender women who mention the three-article rule were usually being arrested in bar raids. Lesbians and trans men, on the other hand, were being accosted in bars and on the streets.

“Police were using this to check their underwear,” Mitchell says, using the law as an excuse for street-level sexual assault and sexual humiliation.

However, the greater danger to gender nonconforming people during this period, Mitchell suggests, was street violence, which was much more prevalent than street cross-dressing arrests—although the two sometimes went hand in hand.

New York City resident Martin Boyce recalls that on Halloween, 1968, a cop collared him in Queens because his Oscar Wilde costume was too feminine. Boyce argued back, brandishing the receipts from the unisex store where he’d bought his clothes. Their argument attracted the attention of a nearby gang. The police officer, frustrated by Boyce’s resistance, acquiesced to Boyce’s arguments—and then turned to the gang, saying. “He’s all yours.” The gang was so amused by Boyce’s defiant attitude, they let him pass unharmed.

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1 / 14: Redux

Stonewall Riots Curb Cross-Dressing Arrests

The next year, Boyce would be one of the many people involved with the Stonewall uprising, spending days rebelling against just this kind of police harassment. Afterwards, he says, cross-dressing arrests dried up almost immediately. Redburn and Mitchell agree that arrests decreased—although some continued after Stonewall, they became much less widespread.

READ MORE: What Happened at the Stonewall Riots? A Timeline of the 1969 Uprising

In the absence of regular arrests, neither the cops nor the LGBTQ community needed the kind of informal reminder of the three-article rule, and the phrase quickly fell out of circulation. But the masquerade law itself remains on the books. In fact, police found new applications for the law in 2011, when it was used to arrest protestors (who wore masks) in the Occupy Wall Street movement—showing once again that enforcement and the actual wording of the law can vary.

Meanwhile, in June 2019, NYPD police commissioner James P. O’Neill offered an apology on behalf of the city’s police force for their actions at Stonewall some 50 years earlier. “The actions taken by the N.Y.P.D. were wrong—plain and simple,” O’Neill said. “I vow to the LGBTQ community that this would never happen in the NYPD in 2019.We have, and we do, embrace all New Yorkers.”

Hugh Ryan (@Hugh_Ryan)is the author of When Brooklyn Was Queer.

When Dressing in Drag Was Labeled a Crime (2024)

FAQs

What is the history of men dressing in drag? ›

The origin of drag can be traced back to the days of antic theatre. Back then women weren’t allowed to play male roles, which is why men had to disguise themselves into female characters. It is believed that the term drag originated from the theatre as well.

What is the difference between cross-dressing and drag? ›

Unlike the secrecy of cross-dressing, in which the attempt is often to pass as a woman, dragging involves performance whereby the intent is an undoing of gender norms through doing (or dressing) the part of the opposite sex. There is a rich literary tradition of men taking stage in women's clothing.

Why is it called drag? ›

The word 'drag' is believed to have theatrical origins too. The dresses men wore to play female characters would drag along the floor. Actors playing female parts because there were no actresses around isn't exactly in the spirit of what we call drag today - but it was a start.

What is drag dressing? ›

Download PDF: Understanding Drag. Drag is a type of entertainment where people dress up and perform, often in highly stylized ways. The term originated as British theater slang in the 19th century and was used to describe women's clothing worn by men.

When did men stop dressing like men? ›

The Great Male Renunciation (French: Grande Renonciation masculine) is the historical phenomenon at the end of the 18th century in which Western men stopped using brilliant or refined forms in their dress, which were left to women's clothing.

When did we stop dressing boys in dresses? ›

From the mid-16th century until the late 19th or early 20th century, young boys in the Western world were unbreeched and wore gowns or dresses until an age that varied between two and eight.

Is drag considered cosplay? ›

Cosplay, like drag, is not inherently linked to gender identity. Both may involve the performance of a gendered character, but do not denote the drag artist or cosplayer's gender identity.

Is cross-dressing paraphilic? ›

Transvestism is a form of paraphilia, but most cross-dressers do not meet the clinical criteria for a paraphilic disorder; these criteria require that the person's fantasies, intense urges, or behaviors cause distress, impair functioning, or harm others. The condition must also have been present for ≥ 6 months.

Is cross-dressing a disorder? ›

Cross-dressing isn't a disorder and does not require treatment. Transvestic disorder is a mental health condition that may require treatment if the individual is experiencing severe shame, anxiety, or lack of acceptance. However, someone with transvestic disorder will not always require treatment.

Can a girl be a drag queen? ›

A female queen, diva queen, or hyper queen is a drag queen who identifies as a woman. These performers are generally indistinguishable from the more common male drag queens in artistic style and techniques.

What is it called when a woman dresses like a man? ›

Drag King: A biological female who dresses in “masculine” or male-designated clothing; a female-to-male cross-dresser. Drag Kings often identify as lesbians and many cross-dress for pay and for entertainment purposes in GLBT or straight nightclubs. A Drag King's cross-dressing is usually on a part-time basis.

How much do drag queens make? ›

In some regions of the U.S., local queens make as little as $30 to $50 a show. In a place like New York City, that number may start at about $125, plus tips ranging from $100 to $700.

When was cross-dressing illegal? ›

Between 1848 and 1900, 34 cities passed prohibitions against cross-dressing, followed by 11 more in the years leading up to World War I. San Francisco's law remained in effect until July 1974. Arrests were made as recently as May 1974, when 10 men were arrested in the Tenderloin for wearing women's clothing.

What is drag in slang? ›

A tedious experience, a bore, as in After several thousand times, signing your autograph can be a drag. This seemingly modern term was army slang during the Civil War. The allusion probably is to drag as something that impedes progress. [

Does it hurt to tuck in drag? ›

You may find that tucking gets easier with practice or after being on hormones for awhile. Tucking shouldn't be overly uncomfortable. If you feel faint, nausea, or pain, take a break and try a different way of tucking.

Did guys wear crop tops before girls? ›

The short Answer- Yes. While it is true crop tops today are generally marketed towards women, many men have been flaunting crop tops for generations- be it as a functional apparel choice, or a bold fashion statement!

Why do most men dress left? ›

The left testicl* tends to hang lower than the right testicl* for most men due to its weight and volume. A majority of men naturally dress left since the left testicl* hangs slightly lower than the right testicl*.

Did guys ever wear crop tops? ›

While crop tops have grown to have a feminine connotation, historically, crop tops were born in the '80s in a place considered to be the very symbol of masculinity: the locker rooms of American football matches.

Why did they dress boys like girls in the 1800s? ›

Infants spent most of their time with adults so they could be civilized as soon as possible. Education began early and a child was dressed as a miniature adult. The goal was to get the child to adulthood as soon as possible because life expectancy was only 30 years.

At what age were boys breeched? ›

Between the age of 4-6, they would have their hair shorn and graduate to wearing trousers. This important event was marked by a breeching ceremony, a significant milestone in a young boy's life.

Why do boys want to dress up as girls? ›

Young children love to play the roles they see their parents and other adults playing. For some children, this includes boys sometimes wanting to wear girls' clothes. After all, that is what mom does. Also, girl's clothes seem so much more colorful and fun than the ones that boys wear.

What is the number one rule of cosplay? ›

The golden rules of cosplay

Being respectful toward cosplayers is key. “Cosplay is not consent” is a popular phrase in the community, meaning that attending an event or wearing a certain outfit does not mean people can act however they want toward cosplayers.

What do you call a cosplay girl? ›

A cosplay model, also known as a cosplay idol, cosplays costumes for anime and manga or video game companies. Good cosplayers are viewed as fictional characters in the flesh, in much the same way that film actors come to be identified in the public mind with specific roles.

What does NSFW mean in cosplay? ›

Not Safe for Work. The acronym NSFW stands for “not safe for work.” When used correctly, NSFW is a warning that indicates a link to a webpage, video, photo, or audio clip contains inappropriate content.

What does paraphilia mean? ›

Paraphilias are persistent and recurrent sexual interests, urges, fantasies, or behaviors of marked intensity involving objects, activities, or even situations that are atypical in nature.

Are narcissists cross-dressers? ›

Many narcissists are fetishists and even (more rarely) cross-dressers. But usually they more diffusely target women as an abstract category.

What is 1 example of cross-dressing? ›

For example, a cisgender man can wear a dress and identify that he's cross-dressing. However, if a trans woman is wearing attire that's associated with women, this can be a way to express her gender through her fashion choices.

Is transvestism a gender? ›

Transvestism and gender identity are two distinct, separate identities, and wearing the clothes that are associated with the gender that a person identifies with is not considered cross-dressing.

Is cross-dressing allowed in schools? ›

There are no federal laws requiring that a school permit cross-gender dressing.

When did cross-dressing start? ›

First instances of early modern women cross-dressing dates back to the 1570s, yet the quarrel reached its apogee in 1620.

What is the male version of a drag queen? ›

The term drag king is sometimes used in a broader sense, to include female-bodied people who dress in traditionally masculine clothing for other reasons. This usage includes women temporarily attempting to pass as men and women who wish to present themselves in a masculine gender role without identifying as a man.

Why do drag queens look like that? ›

Most signature drag makeup looks were born out of necessity. Heavy, dramatic makeup was necessary to transform masculine features into daintier, feminine faces. Highly expressive makeup also helped exaggerate features so the performer's expression could be seen all the way in the back of the room.

Who is creme fatale? ›

A self-confessed “professional cupcake”, Creme Fatale is a San Francisco queen known for her pastel-coloured skin and baby doll make-up looks.

What is it called when you dress up like a girl? ›

Cross-dressing (and here we refer particularly to men dressing up as women) has tended to have a bad reputation.

What is a dress lover called? ›

A fashionista is a slang term for people who like fashion.

Can a man try on womens clothes? ›

Absolutely… here is my recent experience of doing so for the first time. The key to shopping for women's clothing as a man is not feeling you're doing anything wrong, being confident but also being polite and friendly. Own your shopping experience, just as you would as a man shopping in the men's department.

Who is the most famous drag queen? ›

Bianca Del Rio

Fans often consider her the best winner in the show's history due to her snarky humour, determination, and talents, which helped her win three maxi challenges on Drag Race. After the show, Bianca began touring in shows and as a solo act, often performing with the famed Lady Bunny.

How much do you tip a drag show? ›

Tip the performers

It is customary to tip drag performers with $1 bills if you enjoy the show. Bartenders usually don't mind providing you with change (especially if you're ordering a drink) but it's easier to show up with your singles. Also, remember to hand the money to the performer instead of throwing it at them.

What is the 3 piece rule? ›

The idea behind the third piece rule is that for an outfit to go from good to great, it needs three key elements. Your top and bottom (pants or skirt) are your first and second elements. The third piece is that extra something that finishes off the whole look.

What does the Bible say about cross-dressers? ›

5 THE MEANING OF DEUTERONOMY 22:5

The text originally reads thus: There shall not be an article (keli) of a man upon a woman, and a man shall not put on a wrapper of (simlat) a woman, because everyone doing (who does) these (things) is an abomination of (unto) the Lord your God.

What was the thing people wore under their skirt in the 1800s? ›

It was often the structures beneath Victorian clothing that gave women's fashion its form. Corsets (also known as stays) moulded the waist, while cage crinolines supported voluminous skirts, and bustles projected a dress out from behind.

What does smoking drag mean? ›

countable noun. If you take a drag on a cigarette or pipe that you are smoking, you take in air through it. [informal] He took a drag on his cigarette, and exhaled the smoke.

What does fishy mean in the drag world? ›

fish / fishy. a term used to describe when a drag queen looks like a cis-gendered woman. gag / gagging. another term used in place of "stunned"

Is drag a drug or dragged? ›

"Dragged" and "drug" are sometimes used interchangeably. However, the correct past tense of "drag" is "dragged." "Drag" is a regular verb, which means you add "d," "ed," or in this case "ged" to make it past tense. "Drag" becomes "dragged."

What does tuck in bed mean? ›

phrasal verb

tucked in; tucking in; tucks in. : to make (someone, such as a child) secure in bed by tucking the edges of sheets, blankets, etc. under the mattress.

Can tucking cause testicular torsion? ›

With this second reported case, the patient with the same gender may become aware that tucking could create a suboptimal environment for spermatogenesis and worst, can cause testicular loss due to torsion.

Why did men stop dressing well? ›

Men stopped wearing suits because good-quality clothing became cheap. Or, looked at the other way around, because ordinary people became rich enough to wear good-quality clothing. Before that happened, the quality of someone's clothing told you a lot about their social position.

What is the term of a man dressing like a woman? ›

The Oxford English Dictionary gives 1911 as the earliest citation of the term "cross-dressing", by Edward Carpenter: "Cross-dressing must be taken as a general indication of, and a cognate phenomenon to, hom*osexuality". In 1928, Havelock Ellis used the two terms "cross-dressing" and "transvestism" interchangeably.

What is the name for a man dressing up as a woman? ›

The term cross-dressers is usually used to refer to people with transvestism. Transvestite is a less acceptable term. Heterosexual males who dress in women's clothing typically begin such behavior in late childhood. This behavior is associated, at least initially, with intense sexual arousal.

Can a woman be a drag king? ›

The term drag king is sometimes used in a broader sense, to include female-bodied people who dress in traditionally masculine clothing for other reasons. This usage includes women temporarily attempting to pass as men and women who wish to present themselves in a masculine gender role without identifying as a man.

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