Mrs. Bradwell. “no precedent, no English precedent and no necessity” “unsuited to many occupations in civil life” “timid and delicate” — what will happen on Tuesday

You know, I cannot, for the life of me, reconcile the fact that I must appear before the IARDC and explain this blog and how it helps the public and all of you.  KDD cites Buck vs. Bell (sterilize the stupid which was later utilized to support Hitler’s “work camps” Albreit mach Frei or Work will Set you Free) and Dred Scott (AA’s are property).  But there are more important decisions the IARDC can cite for me.

From the NY bar we can learn something:

(nycbar.org thank you– you have inspired me and I blame you for all of this)

Women as Lawyers

In Maryland, Margaret Brent, arrived in the new country in 1638, received a land grant in St, Mary’s City and subsequently handled legal matters for Governor Calvert. It wasn’t until 1869 that a women, Belle Mansfield, (pictured at left) from Iowa, became the first attorney licensed to practice law in the United States. In the same year, Myra Bradwell from Illinois was denied admission to the state bar on the basis of her sex. Also in 1869, Lemma Barkaloo became the first women law student in the nation, attending Washington University in St. Louis after being refused admission to the Law School at Columbia. The following year, Ada Kepley, became the first women to earn a formal law degree in the United States, graduating with an LL.B. from Union College of Law in Chicago, now known as Northwestern University. Katherine “Kate” Stoneman became the first woman admitted to practice law in New York. She did so against enormous odds; supporting herself as a teacher and working nights, weekends, and summers as a clerk to an Albany lawyer until she graduated in 1898. She was the first woman to pass the New York State Bar Exam, but her application to join the bar was rejected because of her gender. The reason given by the three Supreme Court justices who denied her admission were “No precedent,” “No English precedent,” and “No necessity.” She then launched a successful campaign to amend the Code of Civil Procedure to permit the admission of qualified applicants without regard to sex or race. These and many other pioneering women have built the foundation for equality in the legal profession. According to the 2005 ABA Commission on Women in the Profession, women represented almost 30% of practicing attorneys and over 47% of new students entering law school.

In the matter of the application of Mrs. Myra Bradwell for a license to practice law, 1869
55 Illinois Reports 536, 1869-1870

In 1869, Myra Bradwell (pictured at left) passed the Illinois Bar Exam with honors. She then applied to the Illinois Supreme court for admission to the bar. The court refused her application because she was a woman. The decision was upheld by the U.S. Supreme Court in Bradwell v. Illinois despite Bradwells’s argument based on the Immunities and Privileges Clause of the Fourteenth Amendment, which says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The opinion of Justice Bradley in the case reflected the nineteenth century society belief about women not participating in the workforce, “Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.” Eventually, Illinois changed the rules for admitting women to the bar. In 1890, Bradwell was admitted to the Illinois bar and in 1892, she received a license to practice before the U.S. Supreme Court.

In Maryland, Margaret Brent, arrived in the new country in 1638, received a land grant in St, Mary’s City and subsequently handled legal matters for Governor Calvert. It wasn’t until 1869 that a women, Belle Mansfield, (pictured at left) from Iowa, became the first attorney licensed to practice law in the United States. In the same year, Myra Bradwell from Illinois was denied admission to the state bar on the basis of her sex. Also in 1869, Lemma Barkaloo became the first women law student in the nation, attending Washington University in St. Louis after being refused admission to the Law School at Columbia. The following year, Ada Kepley, became the first women to earn a formal law degree in the United States, graduating with an LL.B. from Union College of Law in Chicago, now known as Northwestern University. Katherine “Kate” Stoneman became the first woman admitted to practice law in New York. She did so against enormous odds; supporting herself as a teacher and working nights, weekends, and summers as a clerk to an Albany lawyer until she graduated in 1898. She was the first woman to pass the New York State Bar Exam, but her application to join the bar was rejected because of her gender. The reason given by the three Supreme Court justices who denied her admission were “No precedent,” “No English precedent,” and “No necessity.” She then launched a successful campaign to amend the Code of Civil Procedure to permit the admission of qualified applicants without regard to sex or race. These and many other pioneering women have built the foundation for equality in the legal profession. According to the 2005 ABA Commission on Women in the Profession, women represented almost 30% of practicing attorneys and over 47% of new students entering law school.

In the matter of the application of Mrs. Myra Bradwell for a license to practice law, 1869
55 Illinois Reports 536, 1869-1870

In 1869, Myra Bradwell (pictured at left) passed the Illinois Bar Exam with honors. She then applied to the Illinois Supreme court for admission to the bar. The court refused her application because she was a woman. The decision was upheld by the U.S. Supreme Court in Bradwell v. Illinois despite Bradwells’s argument based on the Immunities and Privileges Clause of the Fourteenth Amendment, which says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The opinion of Justice Bradley in the case reflected the nineteenth century society belief about women not participating in the workforce, “Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.” Eventually, Illinois changed the rules for admitting women to the bar. In 1890, Bradwell was admitted to the Illinois bar and in 1892, she received a license to practice before the U.S. Supreme Court.

If the Tribunal declares I am “unsuited to many occupations in civil life due to my gender” I guess I must be sorry for that and hold the Tribunal in high esteem.

Got that.

Will never happen.

JoAnne

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