Dear Girls: Inspiration from Bradwell v. Illinois
“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.” These are the words of Supreme Court Justice Joseph P. Bradley in his opinion of the Bradwell v. Illinois case, denying Myra Bradwell a license to practice law.
When Myra Bradwell married James Bradwell at the age of 21, she also found herself married to a passion for law. As an assistant in her husband’s private practice, Bradwell developed a proficiency in legal research and writing. Perhaps it was this newfound talent that inspired her to establish the Chicago Legal News, the first legal publication in the United States to be edited by a woman. Bradwell served as both editorial and business manager, and in assigning herself these positions, she encountered her first obstacle in her legal career: coverture laws in Illinois prevented women from entering legal contracts which were necessary to establish a journal. Bradwell was able to temporarily overcome this by obtaining a special charter from the Illinois legislature allowing her to enter contracts and keep her earnings. The Chicago Legal News provided a platform for advocates including Elizabeth Cady Stanton and Susan B. Anthony who served as editors of the paper alongside Bradwell. With this community, Bradwell successfully lobbied the Illinois legislature in Springfield to pass the Married Woman’s Property Act of 1861 and the Earning’s Act of 1869, granting women control over their property and earnings.
Even with the success of the paper, Bradwell sought to further her career as a practicing lawyer. After passing the qualifying examination and obtaining the required recommendations, she submitted her application for admission to the Illinois State Bar, which the court unanimously rejected. Bradwell appealed this decision to the United States Supreme Court, claiming that the state had violated her right to livelihood protected in the privileges and immunities clause of the 14th Amendment. In response, the Supreme Court noted that the practice of law is not a privilege protected by the 14th Amendment while emphasizing that Bradwell was a married woman who, in the contract of marriage, was incapable of making her own decisions without her husband’s consent. Beyond this, Supreme Court Justice Joseph P. Bradley stated that “it would be against the harmony of interest that a woman should adopt an identity and career independent from that of her husband.” So concluded the Bradwell v. State of Illinois case, denying women the ability to practice law.
This initial loss did not devastate Bradwell– rather, she was inspired to expand her advocacy for fellow women who saw themselves in her place. Not only was she the first woman admitted to the Illinois Bar Association, but she also served as the catalyst in the foundation of the organization. When Illinois State Judge Stephen Moore consulted with her about the organization of a state bar association, she suggested the idea of printing an article in the Chicago Legal News, which inspired lawyers across the state to gather in a meeting. She was also the founder of the Chicago Bar Association and a member of the Daughters of the American Revolution, Women’s Press Association, National Press League, and many more associations. Through her positions and social influence, Bradwell advocated for women’s rights using various platforms to a widespread audience. Throughout it all, she remained faithful to the paper that started it all: The Chicago Legal News. In her articles, Bradwell continued to uplift other women fighting for a career in law such as Belva Lockwood. In 1876, Belva Lockwood successfully lobbied a bill (now popularly known as The Lockwood Bill) against the United States Congress after she was refused by the United States Supreme Court bar. In 1880, Lockwood pioneered the future of womanhood as the first woman to appear before the Supreme Court in Kaiser v. Stickney case as well as a second time in United States v. Cherokee Nation. Not only this, but Lockwood would become the first woman to campaign for presidency in 1884, a time before women’s suffrage was ratified. Throughout Lockwood’s trailblazing career, Bradwell recorded and published all of her successes in the Chicago Legal News.
All of Bradwell’s efforts would eventually pay off in 1890 when the Supreme Court of Illinois reopened her case and finally granted Bradwell a license to practice law. On March 28, 1892, 19 years after Bradwell v. Illinois, Myra Bradwell was granted the right to appear before the United States Supreme Court.
Dear girls, I tell you the story of Myra Bradwell, despite all its struggles, despite all its losses, to remind you of our realities. The path towards victory is not a one road track, but rather a tangled mess of diverging trails. There were, are, and will be obstacles throughout our histories for the sole reason that we are “girly.” Then, let us be girly. Let us be the authors to our own poetic endings. Let the sweat from our brows fall behind our footsteps and build rivers to mark our trail. Let our eyes forever blaze, for there is so much left for us to see. And, if we are but all of these things while still being girls, then what a compliment it is to be girly. What’s important is that we don’t forget how to run. If you can’t run, walk. If you can’t walk, look forward. It’s alright if the future seems daunting. But, remember that this trail, no matter how long it may seem, will always lead us to the finish line. We just need to roll up our sleeves and keep on going.
Jamie Jaehee Jung is a freshman at Brown University concentrating in Political Science and Computer Science. She is a blog writer for the Brown Undergraduate Law Review and can be contacted at jaehee_jung@brown.edu.
Priyanka Nambiar is a freshman at Brown University looking to concentrate in Cognitive Neuroscience. She is an editor for the BULR Blog and can be contacted at priyanka_nambiar@brown.edu.