Bradwell v. State of Illinois, 83 U.S. (16 Wall.) 130 (1873), was a United States Supreme Court case which ruled that women were not granted the right to practice a profession under the United States Constitution. The case was brought to the court by Myra Bradwell, who sought to be admitted to the bar to practice law in Illinois.

Background of the case

Myra Bradwell began informally practicing law in 1852 as an apprenticeship to her husband, James Bradwell. At the age of thirty-eight, in 1869, she met the Illinois bar requirements, but despite fulfilling the Illinois statute requirements of good standing character and sufficient training, she was denied the right to practice law due to her gender.

After bringing suit, she received a ruling from the Illinois Supreme Court that her rejection was a result of her "marital disability". This meant that Myra Bradwell did not have a legal existence apart from her husband.

Bradwell appealed to the United States Supreme Court, arguing that the Privileges and Immunities Clause of the Fourteenth Amendment protected her right to pursue a lawful profession like any other citizen, regardless of her sex or marital status. Bradwell argued that as a citizen of the United States, she was entitled to the rights and privileges afforded to citizens, including the right to practice law. The court emphasized that the power to regulate professions, including setting qualifications for the legal profession, fell under the jurisdiction of individual states. Throughout his life, he had advocated for women's suffrage. was an important step in increasing women's political influence and advancing gender equality. Subsequent civil rights movements in the 20th century further challenged discriminatory practices, and in 1964, Title VII of the Civil Rights Act was enacted, prohibiting employment discrimination based on sex. This law allowed women to enter all professions, including law, reversing the legal precedents that allowed states to impose gender-based restrictions.

Several landmark Supreme Court cases have since overturned the principles set by Bradwell v. Illinois. In Reed v. Reed (1971), the Court ruled that gender discrimination violated the Equal Protection Clause of the Fourteenth Amendment, establishing a critical precedent against gender-based classifications. This was followed by Frontiero v. Richardson (1973)' and Craig v. Boren (1976)' which introduced the standard of intermediate scrutiny for gender-based discrimination. Under this standard, states must demonstrate that any gender-based law serves an important government interest and is substantially related to achieving that interest. Therefore, the state currently needs to demonstrate an actual rational basis for arguing in favor of gender-based discrimination instead of relying on traditional norms.

The evolution from Bradwell v. Illinois to these later rulings reflects broader shifts in American constitutional interpretation, moving from an era of restrictive gender-based legal doctrines to one focused on expanding equality. Today, the principles underlying Bradwell have been completely overturned, and women are no longer barred from full participation in the professional workforce, including the legal profession.

See also

  • List of United States Supreme Court cases, volume 83

References

  • "Bradwell v. The State, 83 U.S. 130 (1872)". Justia Law. Retrieved 2024-10-06. Katz, Elizabeth D. (July 30, 2021). "Sex, Suffrage, and State Constitutional Law: Women's Legal Right to Hold Public Office". Yale Journal of Law & Feminism. Rochester, NY. SSRN 3896499