Bradwell v Illinois
Myra Bradwell, a married woman, wanted to be a lawyer and applied for a license in Illinois. She was denied by the Illinois Supreme Court. The court justified this with feme covert, a legal doctrine that a married woman’s identity was merged with her husband’s. Bradwell was also told that licensing for law was not intended for women. She appealed using the 14th Amendment, her claim being that as a citizen she was authorized to enjoy and pursue a lawful occupation.
Breakdown Verdict.
An 8-1 verdict ruled against Bradwell, denying her the ability to practice law. Led by Justice Miller, the 8 justices proclaimed that practicing law was not a “fundamental right” that came with citizenship under the Privileges or Immunities Clause (protecting individual rights). Justice Bradley’s concurring opinion famously said “that God designed the sexes to occupy different spheres of action,” and consequently excluded women from the legal profession.
Result Going Forward.
Bradwell v Illinois reinforced a bigger picture where women were restricted in their ability to pursue a profession. The 14th Amendment’s Privileges or Immunities Clause adopted a narrower interpretation through this ruling as well, since it reinforced legal distinctions between men and women by deeming the law fit for only one. Bradwell was admitted to the Illinois bar in 1890, reflecting the broader movement towards expanding opportunities of women in the legal profession.
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