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.
Statements (51)
| 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 NERFINISHED ⓘ |
| concurringOpinionNotableFor | emphasis on traditional gender roles and women’s domestic sphere ⓘ |
| constitutionalProvisionInterpreted |
Fourteenth Amendment to the United States Constitution
NERFINISHED
ⓘ
Privileges or Immunities Clause of the Fourteenth Amendment NERFINISHED ⓘ |
| decisionDate | 1873-04-15 ⓘ |
| defendant | State of Illinois NERFINISHED ⓘ |
| fullCaseName | Myra Bradwell v. The State of Illinois NERFINISHED ⓘ |
| hasCourt | Supreme Court of the United States NERFINISHED ⓘ |
| hasJurisdiction | United States federal judiciary NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| impactOnWomen | delayed women’s access to the legal profession in many states ⓘ |
| justiceInMajority |
David Davis
NERFINISHED
ⓘ
Joseph P. Bradley NERFINISHED ⓘ Nathan Clifford NERFINISHED ⓘ Noah H. Swayne NERFINISHED ⓘ Samuel F. Miller NERFINISHED ⓘ Samuel Nelson NERFINISHED ⓘ Ward Hunt NERFINISHED ⓘ William Strong NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| plaintiff | Myra Bradwell NERFINISHED ⓘ |
| reasonForDenial |
Bradwell’s status as a married woman
ⓘ
prevailing views about women’s proper domestic role ⓘ |
| relatedCase |
Minor v. Happersett
NERFINISHED
ⓘ
The Slaughter-House Cases NERFINISHED ⓘ |
| relatedPerson |
Justice Joseph P. Bradley
NERFINISHED
ⓘ
Justice Samuel F. Miller NERFINISHED ⓘ Myra Bradwell NERFINISHED ⓘ |
| result | judgment of the Supreme Court of Illinois was affirmed ⓘ |
| separateOpinionBy | Joseph P. Bradley NERFINISHED ⓘ |
| 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 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.