The arguments focused on the interpretation of the Fourteenth Amendment. The objection arising from her coverture was in fact abandoned, in its more full consideration of the case, by the court itself; and the refusal put upon the fact that the statute of Illinois, interpreted by the light of early days, could not have contemplated the admission of any woman, though unmarried, to the bar. Justice Swayne; We concur in the opinion of Mr. But plaintiff states nothing to take her case out of the definition of citizenship of a state as defined by the 1st section of the 14th Amendment. Does admission to the bar belong to that class of privileges which a State may not abridge, or that class of political rights as to which a State may discriminate between its citizens? The Court found that the statute was not rationally related to the objectives because little if any additional burden would be placed on the state by providing help for needy males as well as needy females. It is the prerogative of the legislator to prescribe regulations founded on nature, reason, and experience for the due admission of qualified persons to professions and callings demanding special skill and confidence.
The 14th Amendment declares that citizens of the United States are citizens of the state within which they reside; therefore the plaintiff was, at the time of making her application, a citizen of the United States and a citizen of the state of Illinois. Certainly many prominent and distinguished lawyers have been admitted to practice, both in the state and Federal courts, who were not citizens of the United States or of any state. The 2d section of the 4th article is inapplicable, because plaintiff is a citizen of the state whose action she complains, and that section only other states, in that state. Of a bar composed of men and women of equal integrity and learning, women might be more or less frequently retained as the taste or judgment of clients might dictate; but the broad shield of the Constitution is over all, and protects each in that measure of success which his or her individual merits may secure. In 1852, Myra Colby married and she became Myra Colby Bradwell.
On the contrary, the civil law, as well as nature herself, has always recognized a wide difference in the respective spheres and destinies of man and woman. To support women's suffrage and efforts to gain employment, Bradwell helped write the Illinois Married Women's Property Act of 1861 and with the Earnings Act of 1869, both of which allowed married women to control their earnings and property. It presents a narrow matter: Can a female citizen, duly qualified in respect of age, character, and learning, claim, under the fourteenth amendment, the privilege of earning a livelihood by practicing at the bar of a judicial court? Two legitimate state objectives proposed for the statute are to provide help for needy spouses, using sex as a proxy for need; and compensating women for past discrimination during marriage. Bradwell appealed directly to the United States Supreme Court. This fairly belongs to the police power of the State; and, in my opinion, in view of the peculiar characteristics, destiny, and mission of woman, it is within the province of the legislature to ordain what offices, positions, and callings shall be filled and discharged by men, and shall receive the benefit of those energies and responsibilities, and that decision and firmness which are presumed to predominate in the sterner sex. I have more faith in female suffrage, to reform the abuse of our election system in the large cities, than I have in the penal election laws to be enforced by soldiers and marines. Bradwell although in fact, Ms.
Attorneys and counselors are not officers of the United States; they are not elected or appointed in the manner prescribed by the Constitution for the election and appointment of such officers. For these reasons I think that the laws of Illinois now complained of are not obnoxious to the charge of abridging any of the privileges and immunities of citizens of the United States. Illinois, which was argued on January 18, 1873. Bradwell was represented by a male lawyer, and Illinois will be well represented although, in fact, the state was so sure of the outcome that it did not send any representative to argue in the Court. She appealed to the Supreme Court, arguing that the Fourteenth Amendment's Equal Protection Clause prevented the state from imposing admission requirements based on gender. 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 womanhood. Thus in 1873, the Supreme Court also denied her to the bar because of her sex.
For these reasons I think that the laws of Illinois now complained of are not obnoxious to the charge of abridging any of the privileges and immunities of citizens of the United States. The protection designed by that clause, as has been repeatedly held, has no application to a citizen of the State whose laws are complained of. And while the legislature may prescribe qualifications for entering upon this pursuit, they cannot, under the guise of fixing qualifications, exclude a class of citizens from admission to the bar. Consequently a denial of admission in the highest court of the state is an insurmountable obstacle to admission to the bar of this court. They are officers of the court admitted as such by its order. One was that it should establish such terms of admission as would promote the proper administration of justice, and the other that it should not admit any persons or class of person not intended by the legislature to be admitted, even though not expressly excluded by statute.
We agree with him that there are privileges and immunities belonging to citizens of the United States, in that relation and character, and that it is these and these alone which a State is forbidden to abridge. It is the prerogative of the legislator to prescribe regulations founded on nature, reason, and experience for the due admission of qualified persons to professions and callings demanding special skill and confidence. For instance, a state legislature could not, in enumerating the qualifications, require the candidate to be a white citizen. The paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. This is the law of the Creator. The Supreme Court of Illinois denied the application on the ground that, by the common law, which is the basis of the laws of Illinois, only men were admitted to the bar, and the legislature had not made any change in this respect,. Because he is a citizen of the United States, and that is one of the privileges of a citizen.
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 womanhood. But a qualification, to which a whole class of citizens never can attain, is not a regulation of admission to the bar, but is, as to such citizens, a prohibition. Court of Appeals for the Ninth Circuit Hon. This is the law of the Creator. But the 14th and 15th Amendments seem to settle this question against the right of female suffrage. In 1869 she passed the Illinois bar examination but was refused admission to the bar.
To access this section, please or. Of a bar composed of men and women of equal integrity and learning, women might be more or less frequently retained as the taste or judgment of clients might dictate; but the broad shield of the Constitution is over all, and protects each in that measure of success which his or her individual merits may secure. I maintain that the 14th Amendment opens to every citizen of the United States, male or female, black or white, married or single, the honorable professions as well as the servile employments of life; and that no citizen can be excluded from any one of them. One is, that the court should establish such terms of admission as will promote the proper administration of justice; the second, that it should not admit any persons or class of persons who are not intended by the legislature to be admitted, even though their exclusion is not expressly required by the statute. The harmony of interests and views that belong to the family institution is repugnant to the idea of a woman adopting a distinct and independent career from her husband. This right in no sense depends on citizenship of the United States.
In this latter proposition we are not able to concur with counsel. Dellinger argued for Illinois and served as Chief Justice. Her application included a certificate of good character and her qualifications, as required. There may be cases in which a client's rights can only be rescued by an exercise of the rough qualities possessed by men. Any malpractice or unprofessional conduct towards her client would be punishable by fine, imprisonment, or expulsion from the bar, or by all three.
Intelligence, integrity and honor are the only qualifications that can be prescribed as conditions precedent to an entry upon any honorable pursuit or profitable avocation, and all the privileges and immunities which I vindicate to a colored citizen. The paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. It is unnecessary to repeat the argument on which the judgment in those cases is founded. The inequalities of sex will undoubtedly have their influence, and be considered by every client desiring to employ counsel. Appeals Court ruling reversed and remanded. It is sufficient to say, they are conclusive of the present case. We will have a chance to hear the argument — or a creative, updated version of it, with different advocates and a different outcome.