Bradwell v. Illinois

E879577

Bradwell v. Illinois is an 1873 U.S. Supreme Court decision that upheld a state's right to bar women from practicing law, marking an early setback for women's rights under the Fourteenth Amendment.

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Predicate Object
instanceOf United States Supreme Court case
legal case
areaOfLaw civil rights
constitutional law
gender discrimination
professional licensing
citation 16 Wall. 130
83 U.S. 130
concurringOpinionBy Joseph P. Bradley
concurringOpinionNotableFor emphasis on traditional gender roles and women’s domestic sphere
constitutionalProvisionInterpreted Fourteenth Amendment to the United States Constitution
Privileges or Immunities Clause of the Fourteenth Amendment
decisionDate 1873-04-15
defendant State of Illinois
linked to: Illinois
fullCaseName Myra Bradwell v. The State of Illinois
hasCourt Supreme Court of the United States
hasJurisdiction United States federal judiciary
historicalSignificance early Supreme Court setback for women’s rights under the Fourteenth Amendment
illustrates 19th-century judicial attitudes toward women in the professions
narrowed the reach of the Privileges or Immunities Clause
holding states may bar women from admission to the bar without violating the Privileges or Immunities Clause
the Fourteenth Amendment does not prohibit a state from denying a woman a license to practice law
impactOnWomen delayed women’s access to the legal profession in many states
justiceInMajority David Davis
Joseph P. Bradley
Nathan Clifford
Noah H. Swayne
Samuel F. Miller NERFINISHED
Samuel Nelson
Ward Hunt
William Strong
legalIssue application of the Fourteenth Amendment to sex-based discrimination
scope of the Privileges or Immunities Clause of the Fourteenth Amendment
whether a state could deny a woman a license to practice law
majorityOpinionBy Samuel F. Miller NERFINISHED
originatingState Illinois
plaintiff Myra Bradwell
reasonForDenial Bradwell’s status as a married woman
prevailing views about women’s proper domestic role
relatedCase Minor v. Happersett
The Slaughter-House Cases
relatedPerson Justice Joseph P. Bradley
Justice Samuel F. Miller
Myra Bradwell
result judgment of the Supreme Court of Illinois was affirmed
separateOpinionBy Joseph P. Bradley
separateOpinionType concurring opinion
stateActionChallenged Illinois Supreme Court’s refusal to grant Myra Bradwell a law license
subsequentDevelopment its approach to the Privileges or Immunities Clause has largely been abandoned
later criticized by scholars and advocates of gender equality
term 1872 term of the U.S. Supreme Court

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Chase Court notableCase Bradwell v. Illinois
Bradwell v. Illinois fullCaseName Myra Bradwell v. The State of Illinois
linked to: Bradwell v. Illinois