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One Hundred Years of Instability: Sex, Law, and Transgender Rights

Published online by Cambridge University Press:  10 July 2020

Anne Caldwell*
Affiliation:
University of Louisville

Extract

Five years before the famous Seneca Falls Meeting in which a gathering of women demanded suffrage, Levi Suydam already had encountered the problem that sex posed for suffrage. Suydam, a 23-year-old man who supported the Whigs, petitioned to vote in 1843. The opposing party challenged his petition “on the grounds that ‘he was more a female than a male, and that, in his physical organization, he partook of both sexes’” (Reis 2009, 34). Because the Whigs won by one vote, Suydam’s status was central to the election outcome. After several medical exams in which different doctors reached different conclusions about Suydam’s true sex, Suydam was determined to be “more female than male” (Reis 2009, 35). Suydam’s case presents an important corollary to a more famous case of voting “fraud” after Susan B. Anthony voted in the 1872 presidential election. The 1873 trial and conviction of Anthony was straightforward: as a woman, she could not vote. Suydam posed a greater challenge to political order insofar as neither law nor medicine could pin down Suydam’s sex within a framework of binary sex. The Nineteenth Amendment, which prohibited the denial of the vote “on account of sex,” might have rendered the uncertainty of sex politically and legally moot. It did not.

Type
Symposium: Women's Political Involvement in the 100 Years since the Nineteenth Amendment
Copyright
© American Political Science Association, 2020

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References

REFERENCES

Bender-Baird, Kyla. 2011. Transgender Employment Experiences: Gendered Perceptions and the Law. New York: State University of New York Press.Google Scholar
Bettcher, Talia Mae. 2013. “Evil Deceivers and Make-Believers: On Transphobic Violence and the Politics of Illusion.” Transgender Studies Reader 2, ed. Stryker, Susan and Aizura, Aren, 278–90. New York: Routledge.Google Scholar
Currah, Paisley. 2006. “Gender Pluralisms under the Transgender Umbrella.” In Transgender Rights, ed. Currah, Paisley, Juang, Richard M., and Minter, Shannon Price, 331. Minneapolis: University of Minnesota Press.Google Scholar
Fausto-Sterling, Anne. 2000. Sexing the Body: Gender Politics and the Construction of Sexuality. New York: Basic Books.Google Scholar
Fogg, Heath Davis. 2014. “Sex-Classification Policies as Transgender Discrimination: An Intersectional Critique.” Perspectives on Politics 12 (1): 4560.Google Scholar
Greenberg, Julie. A. 2006. “The Roads Less Traveled: The Problem with Binary Sex Categories.” In Transgender Rights, ed. Currah, Paisley, Juang, Richard M., and Minter, Shannon Price, 5173. Minneapolis: University of Minnesota Press.Google Scholar
Heaney, Emma. 2017. The New Woman: Literary Modernism, Queer Theory, and the Trans Feminine Allegory. Evanston, IL: Northwestern University Press.10.2307/j.ctv47w5mzCrossRefGoogle Scholar
Lennon, Erica, and Mistler, Brian J.. 2014. “Cisgenderism.” TSQ: Transgender Studies Quarterly (1) 1–2: 6364.10.1215/23289252-2399623Google Scholar
Mathews, Donald G., and Hart, Jane Sherron De. 1990. Sex, Gender, and the Politics of the ERA. New York: Oxford University Press.Google Scholar
Meyerowitz, Joanne. 2004. How Sex Changed: A History of Transsexuality in the United States. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
Murphy, Kevin P. 2008. Political Manhood: Red Bloods, Mollycoddles, & the Politics of Progressive Era Reform. New York: Columbia University Press.Google Scholar
Newman, Louise Michele. 1999. White Women’s Rights: The Racial Origins of Feminism in the United States. New York: Oxford University Press.Google Scholar
O’Leary, Dale, and Sprigg, Peter. 2015. “Understanding and Responding to the Transgender Movement.” Washington, DC: Family Research Council.Google Scholar
Reis, Elizabeth. 2009. Bodies in Doubt: An American History of Intersex. Baltimore, MD: Johns Hopkins University Press.Google Scholar
Sharpe, Andrew N. 2002. Transgender Jurisprudence: Dysphoric Bodies of Law. London: Cavendish Publishing Limited.Google Scholar
Spade, Dean. 2003. “Resisting Medicine, Re/Modeling Gender.” Berkeley Women’s Law Journal 18 (15): 1537.Google Scholar
Stryker, Susan. 2017. Transgender History: The Roots of Today’s Revolution. New York: Seal Press.Google Scholar