Women -- Employment -- United States; Women -- Social and moral questions
question can be satisfactorily answered only in the light of
experience.” (Supreme Court Reports of Illinois, vol. lv. p. 535.)
The Supreme Court of Illinois having refused to grant to Mrs. Bradwell a
license to practice law in the courts of that State, she appealed the
case to the Supreme Court of the United States, where the judgment of
the State court was affirmed. She was there ably represented by Mr.
Matthew Hale Carpenter. Mr. Justice Miller delivered the opinion of the
court. In affirming the judgment, the refusal being made on the ground
that women are not eligible under the laws of Illinois, the court held
that “such a decision violates no provision of the Federal
Constitution”; that the right to practice law in the State courts is not
“a privilege or immunity of a citizen of the United States, within the
meaning of the first section of the fourteenth article of amendment of
the Constitution of the United States”; and that “the power of a State
to prescribe the qualifications for admission to the bar of its own
courts is unaffected by the fourteenth amendment, and this court cannot
inquire into the reasonableness or propriety of the rules it may
prescribe.” (16 Wallace’s Reports, Supreme Court U. S., p. 130). Mr.
Justice Bradley, while concurring in the judgment, gave expression to
his views in a separate opinion in which he took occasion to say that,
“The constitution of the family organization, which is founded in the
divine ordinance as well as in the nature of things, indicates the
domestic sphere as that which properly belongs to the domain and
functions of womankind.” The Chief Justice, Salmon P. Chase, “dissented
from the judgment of the court, and from all of the opinions.”
The Legislature of Illinois, in 1872, enacted that “No person shall be
precluded or debarred from any occupation, profession, or employment
(except military) on account of sex.” But Mrs. Bradwell, ever since
being occupied with editorial work on the _Chicago Legal News_, which
she founded in 1868, and with the publication of Bradwell’s Appellate
Court Reports and other legal works, did not renew her application for a
license to practice law. The sequel is this, copied from the _Chicago
Legal News_ of April 5, 1890: “We are pleased to say that last week,
upon the original record, every member of the Supreme Court of Illinois
cordially acquiesced in granting, on the Court’s own motion, a license
as an attorney and counselor at law to Mrs. Bradwell.”
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