Everything Old is New Again Pre Suffragette Era Coverture, Woman Lawyers in the 1800’s, Expatriation Act and the Suffragette Movement

Coverture and the Privy Examination Coverture – The Common Law Doctrine whereby, upon marriage, a women’s legal rights and obligations were subsumed by those of her husband, accordance with legal status of femme covert. – As Stated by Blackstone – William Blackstone. Commentaries on the Laws of England. Vol, 1 (1765), pages By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing; and is therefore called in our law-French a feme-covert, foemina viro co-operta; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture Privy Exam - Proceeding to establish whether a woman could dispose of her separate property. – Judge and Woman meet in camera so the court can determine if her husband is coercing her. – Common in the 1800’s and in Oregon See Rainey v Gordon (Tenn) 25 Tenn 345

Women and the Law in 1800’s Bradwell v. Illinois Mid 1800’s – State Bar Associations began to limit admission to men only. – Bradwell v. Illinois, 83 U.S. (16 Wall.) 130, 141 (1873) – Issue – Could a woman become a lawyer in Illinois? – Application was denied because married woman did not have the capacity to independently contract with their clients. Decision of the U.S. Supreme Court, Affirmed. – Quote from Illinois Supreme Court - 'That God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws, was regarded as an almost axiomatic truth.’ Id. at 132. – Quote from US Supreme Court concurring opinion – “The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator. And the rules of civil society “ Id. at 141. Oregon was not alone in resisting “Women in the Law”

Mary Leaonard – Oregon’s First Woman Attorney

Mary Leonard was Oregon’s first woman attorney. – Widowed in 1877 after her husband was mysteriously shot two days before divorce was final. – Moved to Portland then to Seattle. – Passed the Washington Bar in 1885 studying under J.C. Haines. – Supreme Court cooked up a ad-hoc “residency requirement”to deny her admission – A year later granted admission when she argued male lawyers in the same situation were admitted. (see trial-part2.html) trial-part2.html Oregon’s First Woman Attorney

Women’s Citizenship Rights One of the key factors of the Suffragette movement was the passage of the Expatriation Act of 1907 Until 1907, the status of a woman as a US citizen was unchanged upon marriage. Expatriation Act of 1907 – 8 USC USC 3 – Loss of Women’s Citizenship when married to a alien. Repealed in 1922 under the Cable Act

MacKenzie v. Hare Ethel Mackenzie v. John Hare, 239 U.S. 299, 36 S.Ct. 106, 60 L.Ed. 297 (1915) MacKenzie argues the 14 th amendment prevents expatriation by marriage The Supreme Court denies this argument stating that “The identity of husband and wife is an ancient principle of our jurisprudence” Congress has Ethel MacKenzie, an American Citizen marries a British Citizen Tries to register to vote in San Francisco. The Clerk denies registration under the Expatriation Act of Files a writ of mandamus to the California Supreme Court – affirmed.