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Howard Kaplan & Tiffany Middleton
Bradwell v. Illinois: Women, the Profession of Law, & the Fourteenth Amendment
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About this session: Provide background, context, and primary sources for discussing the 1873 U.S. Supreme Court case, Bradwell v. Illinois Draw connections between the Fourteenth Amendment and subsequent sex discrimination case law Examine Myra Bradwell’s pathbreaking life and career as publisher of the Chicago Legal News and early advocate for women practicing the profession of law in the United States
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February 12, 1831— February 14, m. 1852
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Obtaining a law license in Illinois in 1869: 1) have an inferior court attest to certificate of good moral character 2) have a certificate signed by a judge and state’s attorney attesting that the candidate has been examined and is qualified to practice law
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January 26, 1869 Rep. Samuel Wiley introduces “An Act to Establish and Protect the Maternal Rights of Married Women,” which passes the Illinois General Assembly. In 1861, the state legislature had also enacted a statute “To Protect Married Women in Their Separate Property.”
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The court instruct me to inform you that they are compelled to deny your application for a license … by reason of the disability imposed by your married condition—it being assumed that you are a married woman.
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Bradwell v. Illinois Primary Sources:
1. November 18 & December 31, 1869 Myra Bradwell, “Additional Briefs,” Illinois Supreme Court 2. January 28, 1870 Charles B. Lawrence, Opinion, Illinois Supreme Court 3. April 15, 1873 Samuel F. Miller, Opinion, Bradwell v. Illinois, Supreme Court of the United States 4. April 15, 1873 Joseph Bradley, Concurring Opinion, Bradwell v. Illinois, Supreme Court of the United States 5. May 10, 1873 Myra Bradwell, “The Fourteenth Amendment and Our Case,” Chicago Legal News
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Number of women doctors in the United States, 1880: 2,400 Number of women lawyers in the United States, 1880: 200
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March 29, Illinois Supreme Court grants Bradwell a license to practice law retroactive to her date of application in 1869.
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Thank you!
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