Policing Intersex Americans’ Sex and Gender

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05/04/2021

But in one 1629 case, the Virginia General Court took up the question of how to understand an adult intersex person. Thomas/Thomasine Hall was arrested for wearing women’s clothes and having sex with a maid. Hall explained that they had been baptized as a girl, but had switched gender roles several times, and that they had genitals that weren’t clearly male or female. Asked “wether hee were man or woeman,” Hall replied, “both man and woeman.” The court’s solution was to require Hall to wear a man’s apparel but with a woman’s hair covering and apron. Reis argues that this was not an endorsement of a middle ground in gender but a way to prevent future “deceptions” and punish Hall by making them a public spectacle.

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