Myra Bradwell
Encyclopedia
Myra Colby Bradwell was a publisher and political activist
. She was the first woman to be admitted to the Illinois bar to become the first female lawyer
in Illinois
in 1892.
with her family (Bradwell). She attended schools in Kenosha, Wisconsin
and later enrolled in Elgin Female Seminary in Illinois. She completed her formal education by the age of twenty four. She became a school teacher after she graduated (Jones). In 1852, Myra Colby married James B. Bradwell
and she became Myra Colby Bradwell. Two years later they moved to Memphis, Tennessee
. James Bradwell was the head of a private school and Myra Bradwell became a teacher in that school. In 1855 they moved to Chicago
, where James Bradwell was admitted to the Chicago Bar. He became a successful lawyer, judge, and in 1873 he was elected to the General Assembly.
A few years after marrying James Bradwell, Myra Bradwell started her formal law training when her husband was accepted to the Illinois Bar. There she apprenticed as a lawyer in her husbands office. There were some complications that came up during her rise to becoming a lawyer. She had four children, and two of them died at an early age. She raised funds to help aid the wounded soldiers during the American Civil War
. She was also a member of the Northwestern Sanitary Commission. In 1868, she founded the Chicago Legal News, and with her husband's legal help, she was able to serve as both editor and business manager of the paper. It was the most widely circulated legal newspaper in the United States (Mezey). Bradwell dedicated her newspaper to changing women's status in society, and she included a column in the paper entitled "Law Relating to Women." She published information about court opinions, laws, and court ordinances. She supported women's suffrage reforms, efforts to gain employment for women, railroad regulation, and improvement of court systems (Mezey).
She assisted in writing the Illinois Married Women's Property Act of 1861 and the Earnings Act of 1869. These were to give married women control over their earnings and property. In August of 1896, the Illinois Seventh Circuit JUdge examined Bradwell's Legal ability. He pronounced her qualified and suggested that the Illinois State Supreme Court Issue her a license; however, her application was denied on the grounds that as a married woman, she could not enter into any legal contracts, as lawyers do in their profession. On February 5th, 1870, the Illinois high court again denied her claim on the basis of sex. Chief Justice Charles B. Lawrence stated that "God designed the sexes to occupy different spheres of action." Finally, Bradwell appealed to the United States Supreme Court,claiming that refusing to admit her to the bar because she was female violated her 14th Amendment rights.
The Supreme Court held 7 to 1 that the Privileges and Immunities Clause
of the Fourteenth Amendment did not include the right to practice a profession. Justice Joseph Bradley wrote, "The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life... [T]he 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." Bradwell v. Illinois
, 83 U.S. (16 Wall.) 130 (1873).
The court's reasoning was fourfold:
(1) Women would not be allowed to practice the law.
(2) This would open the flood gates and many more women would want to follow in Bradwell's footsteps.
(3) Brutal cases would not be appropriate for a woman to handle.
(4) The state was worried about the effect women would have on the administration office.
Bradwell felt that she was being treated unfairly and decided to take her concerns to the United States Supreme Court, but, in 1873, the Supreme Court also denied her to the bar because of her gender. In 1872, the Illinois legislature passed a law stating, "No person shall be precluded or debarred from any occupation, profession, or employment (except the military) on account of gender." Bradwell continued to work on the Chicago Legal News where she was the journals publisher, business manager, and editor in chief.
She also became an active member in the women's suffrage movement, serving as Secretary of the Illinois Women Suffrage Association. Bradwell made no further proceeedings to gain her license. In 1890, the Illinois Supreme Court acted on its own motion and approved her original application, and, in 1892, she received her license to practice before the United States Supreme Court.
Activism
Activism consists of intentional efforts to bring about social, political, economic, or environmental change. Activism can take a wide range of forms from writing letters to newspapers or politicians, political campaigning, economic activism such as boycotts or preferentially patronizing...
. She was the first woman to be admitted to the Illinois bar to become the first female lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
in 1892.
Life
Myra Colby was born on February 12, 1831 in Manchester, Vermont. She was the daughter of Eben Colby and Abigail Willey. She lived in Vermont and Western New York during her childhood. When Bradwell was twelve she moved to Schaumburg, IllinoisSchaumburg, Illinois
Schaumburg is a city located in Cook County in northeastern Illinois. A common misspelling of the city name is Schaumberg, a spelling which persists on some modern maps. Schaumburg is located just under northwest of downtown Chicago and approximately northwest of O'Hare International Airport. As...
with her family (Bradwell). She attended schools in Kenosha, Wisconsin
Kenosha, Wisconsin
Kenosha is a city and the county seat of Kenosha County in the State of Wisconsin in United States. With a population of 99,218 as of May 2011, Kenosha is the fourth-largest city in Wisconsin. Kenosha is also the fourth-largest city on the western shore of Lake Michigan, following Chicago,...
and later enrolled in Elgin Female Seminary in Illinois. She completed her formal education by the age of twenty four. She became a school teacher after she graduated (Jones). In 1852, Myra Colby married James B. Bradwell
James B. Bradwell
James Bolesworth Bradwell was a prominent Illinois lawyer, judge, and politician.-Biography:James B. Bradwell was born April 16, 1828, at Loughborough, England, the son of Thomas and Elizabeth Bradwell. Sixteen months after his birth, Bradwell's family moved to Utica, New York...
and she became Myra Colby Bradwell. Two years later they moved to Memphis, Tennessee
Memphis, Tennessee
Memphis is a city in the southwestern corner of the U.S. state of Tennessee, and the county seat of Shelby County. The city is located on the 4th Chickasaw Bluff, south of the confluence of the Wolf and Mississippi rivers....
. James Bradwell was the head of a private school and Myra Bradwell became a teacher in that school. In 1855 they moved to Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, where James Bradwell was admitted to the Chicago Bar. He became a successful lawyer, judge, and in 1873 he was elected to the General Assembly.
A few years after marrying James Bradwell, Myra Bradwell started her formal law training when her husband was accepted to the Illinois Bar. There she apprenticed as a lawyer in her husbands office. There were some complications that came up during her rise to becoming a lawyer. She had four children, and two of them died at an early age. She raised funds to help aid the wounded soldiers during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. She was also a member of the Northwestern Sanitary Commission. In 1868, she founded the Chicago Legal News, and with her husband's legal help, she was able to serve as both editor and business manager of the paper. It was the most widely circulated legal newspaper in the United States (Mezey). Bradwell dedicated her newspaper to changing women's status in society, and she included a column in the paper entitled "Law Relating to Women." She published information about court opinions, laws, and court ordinances. She supported women's suffrage reforms, efforts to gain employment for women, railroad regulation, and improvement of court systems (Mezey).
She assisted in writing the Illinois Married Women's Property Act of 1861 and the Earnings Act of 1869. These were to give married women control over their earnings and property. In August of 1896, the Illinois Seventh Circuit JUdge examined Bradwell's Legal ability. He pronounced her qualified and suggested that the Illinois State Supreme Court Issue her a license; however, her application was denied on the grounds that as a married woman, she could not enter into any legal contracts, as lawyers do in their profession. On February 5th, 1870, the Illinois high court again denied her claim on the basis of sex. Chief Justice Charles B. Lawrence stated that "God designed the sexes to occupy different spheres of action." Finally, Bradwell appealed to the United States Supreme Court,claiming that refusing to admit her to the bar because she was female violated her 14th Amendment rights.
The Supreme Court held 7 to 1 that the Privileges and Immunities Clause
Privileges and Immunities Clause
The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner...
of the Fourteenth Amendment did not include the right to practice a profession. Justice Joseph Bradley wrote, "The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life... [T]he 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." Bradwell v. Illinois
Bradwell v. Illinois
Bradwell v. State of Illinois, 83 U.S. 130 , was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges...
, 83 U.S. (16 Wall.) 130 (1873).
The court's reasoning was fourfold:
(1) Women would not be allowed to practice the law.
(2) This would open the flood gates and many more women would want to follow in Bradwell's footsteps.
(3) Brutal cases would not be appropriate for a woman to handle.
(4) The state was worried about the effect women would have on the administration office.
Bradwell felt that she was being treated unfairly and decided to take her concerns to the United States Supreme Court, but, in 1873, the Supreme Court also denied her to the bar because of her gender. In 1872, the Illinois legislature passed a law stating, "No person shall be precluded or debarred from any occupation, profession, or employment (except the military) on account of gender." Bradwell continued to work on the Chicago Legal News where she was the journals publisher, business manager, and editor in chief.
She also became an active member in the women's suffrage movement, serving as Secretary of the Illinois Women Suffrage Association. Bradwell made no further proceeedings to gain her license. In 1890, the Illinois Supreme Court acted on its own motion and approved her original application, and, in 1892, she received her license to practice before the United States Supreme Court.