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ONE-COLUMN FORMAT
Bradwell v. The State of Illinois
Myra Bradwell, petitioner v. The State of Illinois, defendant
Doctrine: Admission to the bar of women is not one of the privileges guaranteed by the 14th Amendment of the US
Constitution.
Keywords: Woman-lawyer; domestic sphere
Nature: Appeal from the decision of Illinois SC
Date: 1872
Ponente: Justice Miller
Short version:
Unable to practice law in Illinois because she is a woman, Myra Bradwell, an attorney from Vermont, sues the state, citing
14th Amendment protections. Under the amendment, citizens’ rights granted by the federal government cannot be
overridden by individual states. Her case makes its way to the Supreme Court of the United States. The Supreme Court
justices defeat the suit in a nine to one vote, however, ruling that a woman’s place is in the 'domestic sphere.'
Facts:
• Mrs. Myra Bradwell of the State of Illinois applied to the judges of the Supreme Court of Illinois for a license to practice
law. Her petition included the usual certificate from an inferior court of her good character, and that on due examination
she had been found to possess the requisite qualifications. Pending this application, she also filed an affidavit to the
effect:
"that she was born in the State of Vermont; that she was (had been) a citizen of that state; that she is now a citizen of
the United States, and has been for many years past a resident of the City of Chicago, in the State of Illinois."
With the affidavit, she also filed a paper asserting that, under the foregoing facts, she was entitled to the license prayed
for by virtue of the second section of the fourth article of the Constitution of the United States, and of the fourteenth
article of amendment of that instrument.
• SC of Illinois: 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, but had simply provided that:
(1) No person should be admitted to practice as attorney or counselor without having previously obtained a license for
that purpose from two justices of the Supreme Court, and that
(2) No person should receive a license without first obtaining a certificate from the court of some county of his good
moral character.
In other respects, it was left to the discretion of the court to establish the rules by which admission to the profession
should be determined.
In view of this latter limitation, the court felt compelled to deny the application of females to be admitted as members of
the bar. Being contrary to the rules of the common law and the usages of Westminster Hall from time immemorial, it
could not be supposed that the legislature had intended to adopt any different rule.
Issue: Do the laws of Illinois regarding admission to the bar abridge any of the privileges and immunities of citizens of the
United States?
Held:
No. They do not.
Ratio:
Bradwell’s contention:
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Fourteenth Amendment: No state shall make or enforce any law which shall abridge the privileges and immunities of
citizens of the United States.
Therefore, the statute law of Illinois, or the common law prevailing in that state, can no longer be set up as a barrier
against the right of females to pursue any lawful employment for a livelihood (the practice of law included) because it
assumes that it is one of the privileges and immunities of women as citizens to engage in any and every profession,
occupation, or employment in civil life.
[She asserts that while she remained in Vermont, that circumstance made her a citizen of that state. But she states, at the
same time, that she is a citizen of the United States, and that she is now, and has been for many years past, a resident of
Chicago, in the State of Illinois.]
US Supreme Court:
Yes, there are privileges and immunities belonging to citizens of the United States the states must not abridge but the
right to admission to practice in the courts of a state is NOT one of them. This right in no sense depends on citizenship of
the United States. The protection designed by that clause has no application to a citizen of the state whose laws are
complained of. If the plaintiff was a citizen of the State of Illinois, that provision of the Constitution gave her no protection
against its courts or its legislation.
The right to control and regulate the granting of license to practice law in the courts of a state is one of those powers
which are not transferred for its protection to the federal government, and its exercise is in no manner governed or
controlled by citizenship of the United States in the party seeking such license.
Justice Bradley:
• The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the
occupations of civil life.
• The domestic sphere properly belongs to the domain and functions of womanhood.
• 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.
• I am not prepared to say that it is one of her fundamental rights and privileges to be admitted into every office and
position, including those which require highly special qualifications and demanding special responsibilities.
TWO-COLUMN FORMAT
Bradwell v. The State of Illinois
Myra Bradwell, petitioner v. The State of Illinois, defendant
Doctrine: Admission to the bar of women is not one of the privileges guaranteed by the 14th Amendment of the US
Constitution.
Keywords: Woman-lawyer; domestic sphere
Nature: Appeal from the decision of Illinois SC
Date: 1872
Ponente: Justice Miller
many years past, a resident of Chicago, in the State of governed or controlled by citizenship of the United
Illinois.] States in the party seeking such license.
RATIO-IN-A-TABLE FORMAT
Doctrine: Admission to the bar of women is not one of the privileges guaranteed by the 14th Amendment of the US
Constitution.
Keywords: Woman-lawyer; domestic sphere
Nature: Appeal from the decision of Illinois SC
Date: 1872
Ponente: Justice Miller
Short version: bar, and the legislature had not made any change in
Unable to practice law in Illinois because she is a this respect, but had simply provided that:
woman, Myra Bradwell, an attorney from Vermont, sues (1) No person should be admitted to practice as
the state, citing 14th Amendment protections. Under the attorney or counselor without having previously
amendment, citizens’ rights granted by the federal obtained a license for that purpose from two justices
government cannot be overridden by individual states. of the Supreme Court, and that
Her case makes its way to the Supreme Court of the (2) No person should receive a license without first
United States. The Supreme Court justices defeat the obtaining a certificate from the court of some county
suit in a nine to one vote, however, ruling that a woman’s of his good moral character.
place is in the 'domestic sphere.'
In other respects, it was left to the discretion of the
Facts: court to establish the rules by which admission to the
• Mrs. Myra Bradwell of the State of Illinois applied to profession should be determined.
the judges of the Supreme Court of Illinois for a
license to practice law. Her petition included the usual • Limitations by the court:
certificate from an inferior court of her good character, (5) It should establish such terms of admission as
and that on due examination she had been found to would promote the proper administration of
possess the requisite qualifications. Pending this justice, and
application, she also filed an affidavit to the effect: (6) It should not admit any persons, or class of
persons, not intended by the legislature to be
"that she was born in the State of Vermont; that she admitted, even though not expressly excluded by
was (had been) a citizen of that state; that she is now statute.
a citizen of the United States, and has been for many
years past a resident of the City of Chicago, in the In view of this latter limitation, the court felt compelled
State of Illinois." to deny the application of females to be admitted as
members of the bar. Being contrary to the rules of the
With the affidavit, she also filed a paper asserting common law and the usages of Westminster Hall
that, under the foregoing facts, she was entitled to the from time immemorial, it could not be supposed that
license prayed for by virtue of the second section of the legislature had intended to adopt any different
the fourth article of the Constitution of the United rule.
States, and of the fourteenth article of amendment of
that instrument. Issue: Do the laws of Illinois regarding admission to the
bar abridge any of the privileges and immunities of
• SC of Illinois: By the common law, which is the basis citizens of the United States?
of the laws of Illinois, only men were admitted to the
Held:
No. They do not.
Ratio:
Bradwell’s contention US Supreme Court
Fourteenth Amendment: No state shall make or enforce Yes, there are privileges and immunities belonging to
any law which shall abridge the privileges and immunities of citizens of the United States the states must not abridge but
citizens of the United States. the right to admission to practice in the courts of a state is
NOT one of them. This right in no sense depends on
Therefore, the statute law of Illinois, or the common law citizenship of the United States. The protection designed by
prevailing in that state, can no longer be set up as a barrier that clause has no application to a citizen of the state
against the right of females to pursue any lawful whose laws are complained of. If the plaintiff was a citizen
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employment for a livelihood (the practice of law included) of the State of Illinois, that provision of the Constitution
because it assumes that it is one of the privileges and gave her no protection against its courts or its legislation.
immunities of women as citizens to engage in any and The right to control and regulate the granting of license to
every profession, occupation, or employment in civil life. practice law in the courts of a state is one of those powers
which are not transferred for its protection to the federal
[She asserts that while she remained in Vermont, that government, and its exercise is in no manner governed or
circumstance made her a citizen of that state. But she controlled by citizenship of the United States in the party
states, at the same time, that she is a citizen of the United seeking such license.
States, and that she is now, and has been for many years
past, a resident of Chicago, in the State of Illinois.]
Justice Bradley:
• The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the
occupations of civil life.
• The domestic sphere properly belongs to the domain and functions of womanhood.
• 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.
• I am not prepared to say that it is one of her fundamental rights and privileges to be admitted into every office and
position, including those which require highly special qualifications and demanding special responsibilities.