Bradwell v. Illinois case brief summary
83 U.S. 130 (1873)
Subject/Issue: Woman's right to practice law.
Does a woman have a right to practice law?
Does a woman have a constitutional right to be admitted to the bar?
Analysis:
Judge Miller stated that the decision of whether or not to admit a person to a state's bar does not rest on the question of citizenship. If citizenship was allowed to be a criterion, the application of that criterion should rest with the states.
Concurring Opinion
"Although the Fourteenth Amendment guarantees certain privileges and immunities, these privileges and immunities cannot be said to include the right of women to practice law.
History shows that men and women have always occupied separate spheres and that women have been properly allocated domestic duties. This natural balance has been reflected in the law, which prevents a married woman from making a contract without her husband’s consent. The settled order should not be upset."
Question for review: How do you think that this decision would play out today? Would it be the same?
Subject/Issue: Woman's right to practice law.
Does a woman have a right to practice law?
Does a woman have a constitutional right to be admitted to the bar?
Facts:
Myra Bradwell sued Illinois (the state) because it would not grant her a license to practice law.
She was denied because she was a female.
Bradwell argued fervently that a woman’s right to practice law was one of the privileges and immunities that was guaranteed to her by the Fourteenth Amendment.
Holding:
Surprisingly, the court disagreed!
Myra Bradwell sued Illinois (the state) because it would not grant her a license to practice law.
She was denied because she was a female.
Bradwell argued fervently that a woman’s right to practice law was one of the privileges and immunities that was guaranteed to her by the Fourteenth Amendment.
Holding:
Surprisingly, the court disagreed!
Analysis:
Judge Miller stated that the decision of whether or not to admit a person to a state's bar does not rest on the question of citizenship. If citizenship was allowed to be a criterion, the application of that criterion should rest with the states.
Concurring Opinion
"Although the Fourteenth Amendment guarantees certain privileges and immunities, these privileges and immunities cannot be said to include the right of women to practice law.
History shows that men and women have always occupied separate spheres and that women have been properly allocated domestic duties. This natural balance has been reflected in the law, which prevents a married woman from making a contract without her husband’s consent. The settled order should not be upset."
Question for review: How do you think that this decision would play out today? Would it be the same?
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