On this date in History .... August 2, 1869:
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photo courtesy of Columbia law library.edu |
Myra Bradwell
passed the Illinois Bar Exam at the age of 38, becoming one of the first women
lawyers in the country and the first woman lawyer in Illinois. (Arabella
Mansfield is credited with being the first woman to pass the bar (in Iowa) in
June 1869.) However, the Illinois Supreme Court denied Bradwell admission to
the bar, not because she was a woman …. but because she was a married woman. They were afraid that since a lawyer may be
held responsible for their actions, she might be arrested and “therefore she
would not be available to her husband.”
"The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many occupations of civil
life....The paramount destiny and mission of women are to fulfill the noble and
benign office of wife and mother. This is the law of the Creator." [83
U.S. 130 at 141].
Her appeal to the
Illinois Supreme Court was denied but this time it WAS because she was a woman,
with one of the four reasons being that allowing her to practice law would
“open the floodgates” and the court feared civil offices would be filled with
women.
Bradwell appealed
the decision to the Supreme Court who also denied her access to practice law.
Illinois eventually passed laws to permit women to practice law and in 1890,
she was granted a license to practice law. Her license was granted munc pro tunc (“now for then”) and dated
1869, making her officially the first licensed woman lawyer in Illinois.
Bradwell was the
lawyer for Mary Todd Lincoln’s insanity trial in 1875 when Lincoln was declared
sane and released from the sanitarium.
(SEE ALSO MY BLOG OF JUNE 19 – MARY TODD LINCOLN)
In 1868, Bradwell
founded The Chicago Legal News, a
regional legal-news newspaper that was the highest circulated legal newspaper
for over two decades. She became very involved in married women’s property
rights, drafting a law in 1869 to protect the earnings of married women and to
protect the interest of widows in their husbands’ estates.
Her daughter
graduated law school in 1882 and continued to run the newspaper until 1925.