The idea of fashion as a political entity is not new, and it is known that the clothes we wear have the potential to make statements, whether or not they are intended. Attached is a video made by the social media profile Buzzfeed LGBT that has been posted on both Facebook and YouTube, with over 400,000 views on the latter. It is a quirky, queer-positive interview-style look at how queer or non-binary folks choose to dress themselves. The video normalizes those who identify as trans or non binary, as we too often see them portrayed as the mystical ‘other’ that is heard from but not seen. This clip is following in suit of many other social and political campaigns that is reiterating the important statement that identifying as non-binary or trans are valid identities that deserve respect. I would like to offer a critique of the policing of dress that is apparent in the Medicine Hat court case, and I will link this by using Maria Lugones’ idea of the colonial nature of the gender system, and the idea of heterosexuality as a dominating force in our society, (Lugones, 187).
This video was posted one month before Judge Gordon Krinke’s ruling emerged where he ruled that the child must have access to clothing for both genders, and then they can make their decision from there, (CBC, 2016). As ridiculous and formal as this is, it is much more manageable than the original ruling, which involved forbidding the child from wearing primarily female clothing outside of the home completely, (CBC, 2016). My question then is, how different is it for a child to decide what they wear than an adult? As long as the the clothing is age-appropriate for the child in question, how can a child wearing what their peer of the opposite sex would wear be an issue?
There is an assumption within the legal system that laws exist to serve a greater societal good and to protect those who are vulnerable. However, recent rulings such as blah and blah have us questioning whether this is truly the case. In Colleen Underwood’s article on the Medicine Hat court case, she quotes the mother saying,”Our eyes locked and it was maybe the millionth time they told me they were a girl … and I promised I was going to do whatever I could to validate and support them and to be that one person they could go to.”, (CBC, 2016), and follows it up by saying how “…the outbursts and the tantrums were replaced with a happy, confident child.”, (CBC, 2016). If allowing the child to dress as they please solved their anxiety around their identity, then why would the court rule in such a way?
Lugones’ states in reference to the dichotomous gender system that, “It accommodates rather than disrupt the narrowing of gender domination.”, (Lugones, 198), and we can see this being reflected in the legal system’s choice to uphold the legitimacy of the binary in a case where that may have not been the choice that protects the vulnerable population in question. There is an assumed statement being made through the choice of clothing by the child, that has alarmed our legal system enough to elicit an arguably unconstitutional ruling.
References:
Lugones, Maria. (2007). Heterosexualism and the colonial/modern gender system. Hypatia, 22(1): 186-209.
Puar, Jasbir. (2006). Mapping US homonormativities. Gender, Place and Culture, 13(1): 67-88.
Underwood, Colleen. “Medicine Hat Judges Ordered 4-year-old Not to Wear Girls’ Clothes in Public.” CBCnews. 2016. Accessed December 07, 2016.