Tags: Constitutional Law, Sex Equality
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The case of Bradwell v. The State involved a woman who was denied a license to practice law in Illinois because of her gender. The Supreme Court of Illinois upheld the decision, stating that the Federal Constitution was not violated. The court found that the right to practice law in state courts was not a privilege or immunity of a citizen of the United States under the first section of the fourteenth amendment. The power of a state to set qualifications for admission to its own bar was deemed unaffected by the fourteenth amendment. The case did not involve the right of a female to vote, but rather the narrow question of whether a female citizen could claim the privilege of earning a livelihood by practicing law under the fourteenth amendment. The privileges and immunities of a citizen in their home state do not necessarily carry over to other states. However, the fourteenth amendment guarantees that a citizen's privileges and immunities in one state are protected in all states. Therefore, if admission to the bar is a privilege of a citizen in one state, it must be a privilege for all citizens in all states. The question is whether admission to the bar is a privilege that a state may not abridge or a political right that a state may discriminate against. It is important to note that the lower court did not err in this case.
In summary, the case of Bradwell v. The State dealt with the denial of a woman's license to practice law in Illinois due to her gender. The Supreme Court of Illinois upheld the decision, stating that the state had the power to set qualifications for admission to its own bar. However, if admission to the bar is a privilege of a citizen in one state, it must be a privilege for all citizens in all states. The legal profession is open to every citizen, and while the legislature can set qualifications for admission to the bar, they cannot use them to exclude a class of citizens based on race or gender. The provision in the Constitution that protects colored male citizens also protects every citizen, regardless of race or gender.
Mrs. Bradwell was denied admission to the bar based on her sex and marital status, which violates her legal rights. However, the court disagrees that admission to practice law is a privilege and immunity belonging to citizens of the United States. The civil law and nature recognize a difference in the roles of men and women, with men being protectors and defenders of women. The family institution indicates that women belong in the domestic sphere, and adopting a separate career from her husband is repugnant to the harmony of the family. The primary destiny and mission of women are to fulfill the roles of wife and mother, according to the law of the Creator. Therefore, the court affirms the judgment of the Supreme Court of Illinois.
The legislature has the power to regulate admission to professions based on nature, reason, and experience, and can determine which positions should be filled by men and women. The laws in Illinois being challenged do not violate any privileges or immunities of US citizens. Justice Swayne and Field agreed with Justice Bradley's opinion, while the Chief Justice dissented on both the judgment and all opinions.