Myra Colby Bradwell (February 12, 1831 – February 14, 1894) was an American publisher and

political activist A political movement is a collective attempt by a group of people to change government policy or social values. Political movements are usually in opposition to an element of the status quo, and are often associated with a certain ideology. Some ...

. She attempted in 1869 to become the first woman to be admitted to the

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bar to practice law, but was denied admission by the Illinois Supreme Court in 1870 and the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in 1873, in rulings upholding a separate women's sphere. Bradwell had founded and published ''Chicago Legal News'' from 1868, reporting on the law and continued that work. Meanwhile, influenced by her case, in 1872 the Illinois legislature passed a state law prohibiting gender discrimination in admission to any occupation or profession (with the exception of the military). Shortly before her death in 1894, the Illinois Supreme Court on its own motion, in a gesture to honor her, granted Bradwell admission to the Illinois bar in 1890, and the

followed suit two years later. In 1994, Myra Bradwell was inducted into the National Women's Hall of Fame.

Early and family life

Myra Colby was born on February 12, 1831, in

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, Vermont, to Eben Colby and Abigail Willey. She lived with her family in Vermont and Western New York during her childhood. When she was twelve, the family moved to Schaumburg, Illinois. She attended schools in

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, Wisconsin, and later enrolled in Elgin Female Seminary in Illinois. In 1852, Myra Colby married James B. Bradwell. Two years later they moved to

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. James Bradwell was the head of a private school, where Myra Bradwell also became a teacher. She completed her formal education by age 24 and taught herself the practice of law. She became a school teacher after she graduated. In 1855 they moved to

Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...

, where James Bradwell was admitted to the Chicago Bar. He became a successful lawyer and judge. In 1873 he was elected to the General Assembly. The couple had four children: James, Myra, Thomas, and Bessi Bradwell. James and Myra died at an early age.

Career

A few years after marrying James Bradwell, Myra Bradwell started her formal law training when her husband was admitted to the Illinois Bar. She was an apprentice in her husband's office and assisted him with legal research and writing. Complications arose because of

coverture Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. U ...

laws, which prohibited married women from holding property. The ability to hold property was necessary to become even a notary public. Myra Bradwell raised funds to help aid the wounded soldiers during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...

. She was also a member of the Northwestern Sanitary Commission. In 1868, Bradwell founded the ''Chicago Legal News''. With her husband's legal help, she persuaded the Illinois legislature to pass a law so that she could serve as both editor and business manager of the Chicago Legal News Company (it had other publications, and produced stationery and legal forms). Although the paper's offices were destroyed in the

Great Chicago Fire The Great Chicago Fire was a conflagration that burned in the American city of Chicago during October 8–10, 1871. The fire killed approximately 300 people, destroyed roughly of the city including over 17,000 structures, and left more than 10 ...

of 1871, it continued to publish. The widely circulated paper published information about court opinions, laws, and court ordinances, and also had a

muckraking The muckrakers were reform-minded journalists, writers, and photographers in the Progressive Era in the United States (1890s–1920s) who claimed to expose corruption and wrongdoing in established institutions, often through sensationalist publ ...

function. Its reporters criticized corruption within the local bar and judiciary and urged railroad regulation. Bradwell also was determined to improve women's status in society, so the paper included a column entitled "Law Relating to Women." To support women's suffrage and efforts to gain employment, Myra Bradwell helped write the Illinois Married Women's Property Act of 1861. With Alta M. Hulett, she wrote the Earnings Act of 1869; both bills allowed married women to control their earnings and property. In August 1869, a federal judge from the

Seventh Circuit Court of Appeals The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of ...

and state's attorney examined Bradwell's legal ability, pronounced her qualified, and suggested that the Illinois State Supreme Court Issue her a law license. But, 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 5, 1870, the Illinois high court again denied her claim for a law license on the basis of sex. Chief Justice Charles B. Lawrence stated that "God designed the sexes to occupy different spheres of action." Bradwell appealed to the United States Supreme Court, claiming that refusing to admit her to the bar because she was female violated her constitutional rights under the Fourteenth Amendment ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws..."). Despite the efforts of Senator

Matthew Hale Carpenter Matthew Hale Carpenter (born Decatur Merritt Hammond Carpenter; December 22, 1824 – February 24, 1881) was an American attorney and U.S. Senator representing the state of Wisconsin. He served in the Senate from 1869 to 1875 and again from 1879 ...

, who argued on her behalf, the Court held 8 to 1 that the

Privileges and Immunities Clause The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate ...

of the Fourteenth Amendment did not include the right to practice a profession. Justice

Joseph Bradley Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1870 to 1892. He was also a member of the Electoral Commission that decided ...

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... e 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 holding was fourfold: #Women would not be allowed to practice the law. #A different result would open the flood gates and many more women would want to follow in Bradwell's footsteps. #Brutal cases would not be appropriate for a woman to handle. #The state was worried about the effect women would have on the administration office. Thus in 1873, the Supreme Court also denied her admission to the legal profession because of her sex. The same year, the governor of Illinois denied her an appointment as notary public. Meanwhile, in 1872, influenced by her case, the Illinois legislature passed a new law stating, "No person shall be precluded or debarred from any occupation, profession, or employment (except the military) on account of sex" and in 1875, another law was passed to allow women to become notaries. Bradwell continued her work on the ''Chicago Legal News'' where she was the journal's 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. Despite changing the law, Bradwell made no further proceedings to gain her license, although she assisted women in other states attempting to study law, effect legal change, and procure law licenses in their respective states. She insisted that women's equality was a non-partisan issue. In Washington, D.C. Belva Lockwood lobbied Congress to pass an anti-discrimination bill to allow women to practice in federal courts. It was finally passed in 1879 and signed into law by President

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governo ...

. In 1879, Lockwood became the first woman admitted to the U.S. Supreme Court bar and in 1880 the first woman to argue a case before that body. She was later denied admission to the Virginia bar and in 1893 the United States Supreme court refused to force Virginia to admit her, citing its decision in Bradwell's case. Meanwhile, in 1890, the Illinois Supreme Court acting on its own motion honored her by approving Bradwell's original application. On March 28, 1892, Bradwell then received her license to practice before the United States Supreme Court. The Illinois Supreme Court and the U.S. Supreme Court admitted Bradwell, ''

nunc pro tunc ''Nunc pro tunc'' (English translation: "now for then") is a Latin expression legal term originating in Great Britain, now in common use in other countries. In general, a ruling ''nunc pro tunc'' applies retroactively to correct an earlier ruling ...

'', so that the year of her admittance was officially, albeit symbolically, 1869.

Death and legacy

Myra Bradwell died of cancer on February 14, 1894, just four years after she was admitted to the bar. She is buried in Chicago's

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. Her daughter, Bessie Bradwell Helmer, continued in her mother's footsteps, graduating from the

Union College of Law Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, or "T14" law sch ...

in 1882 and publishing the ''Chicago Legal News'' until 1925. Her son Thomas Bradwell also became a lawyer and managed the printing company. Myra Bradwell Elementary School in Chicago, Illinois was opened and named in her honor in 1889. Her granddaughter and namesake, Myra Bradwell Helmer Pritchard, became a noted golfer.

Early and family life

Career

Death and legacy

See also

References

Further reading