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Women's Suffrage in the Western States and Territories (Pdf) Women’s Suffrage in the Western States and Territories By Judge Samuel A. Thumma ationally, women’s suffrage came from the west to the east. Women’s suf- to be via the Nineteenth Amend- frage is one example of west to east Nment to the U.S. Constitution development, as evidenced by advances adopted a century ago. Other articles in in the western states and territories. In her this issue of The Judges’ Journal provide masterful book How the Vote Was Won: thoughtful history, context, and detail in Woman Suffrage in the Western United celebrating that enactment. But women’s States, 1868–1914, Rebecca Mead writes, suffrage has a fascinating history in the “[b]y the beginning of 1914, almost every states and territories that predates the western state and territory in the United Nineteenth Amendment, at times by States had enfranchised its female citizens Judge Samuel decades and centuries. This article pro- in the greatest innovation in participatory A. Thumma has 1 vides a brief glimpse into those efforts in democracy since Reconstruction.” served on the the western states and territories. So how did the western states and ter- Arizona Court of Evolution and growth in the law in the ritories broadly accept women’s suffrage Appeals since 2012 United States sometimes is perceived to before many eastern states, and years and previously go from the east to the west. And as dis- before the enactment of the Nineteenth served as a judge cussed in other articles, in some respects, Amendment? The answer to that question on the Arizona that was the case for women’s suffrage. involves years and years and years of hard Superior Court in After all, the colonies were in the East, work, successes often after many setbacks, Maricopa County for nearly five years. statehood largely went from east to west, and perseverance in the face of uncer- The views expressed are solely those of and in the late 1800s and early 1900s, tainty and danger. These fascinating the author and do not represent those of large population centers were in the East. journeys cannot be done justice here, the Arizona Court of Appeals. But, sometimes, legal developments go other than through skimming the surface. SUMMER 2020 • The Judges’ Journal 27 Published in The Judges' Journal, Volume 59, Number 3, Summer 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Mead’s book provides far richer context, Some academics have argued that this the acting governor of the Utah Territory, detail, and depth into the issues and indi- omission enabled women to vote in the S.A. Mann, signed a law (An Act Confer- viduals involved and the struggles lost and first elections, in which votes were cast by ring upon Women the Elective Franchise) then won, and at times won and then lost, means of signatures on petitions; but this allowing women aged 21 or older to vote but to then be won again. This article, by interpretation remains controversial. The in any election in the territory, adding contrast, provides the briefest of summa- second constitution of 1852 specified that that “[a]ll laws or parts of laws conflicting ries of women’s suffrage in these suffrage was restricted to males over 20 with this Act are hereby repealed.”7 As a pioneering states, at most whetting the years old.2 result, “Utah women hold the honor of appetite for more detail and leaving to So whatever the meaning of the 1840 being the first to vote.”8 Mead and others the incredible details constitution, any women’s suffrage effort “Utah women exercised their right to and context for these efforts. was short-lived and “[o]pposition resulted vote for seventeen years until Congress passed the Edmunds-Tucker Act in 1887 that prohibited polygamy and rescinded women’s suffrage.” 9 The Edmonds-Tucker Act, which became law on March 3, 1887, The western states and territories after President Grover Cleveland refused to sign or veto it, also repealed the charter were achieving the goal of women’s of the Church of Jesus Christ of Latter- Day Saints and seized church.10 The U.S. suffrage before the nation followed Supreme Court rejected a challenge to the act, finding these actions were constitu- with the Nineteenth Amendment. tional in The Late Corporation of the Church of Jesus Christ of Latter Day Saints v. United States.11 As a result, although the Territory of Utah was an early adopter of women’s suffrage, the federal government negated that right. This article provides an overview of in a specific denial of women’s suffrage in The federal government’s disenfran- the history of women’s suffrage in the the 1852 constitution.”3 As a result, it was chisement of women in the Utah Territory western states and territories of the United not until 1920, with the passage of the did not last a decade. When Utah became States before the adoption of the Nine- Nineteenth Amendment, that women a state in 1896, women were, again, refran- teenth Amendment. These developments gained the right to vote in Hawaii (and, chised. At that time, Utah joined did not follow a straight line, at times were even then, because it did not become a Wyoming and Colorado as recognizing temporary, and had to be maddingly frus- state until 1959, Hawaii could not vote on women’s suffrage.12 trating. But the history shows, in these the Nineteenth Amendment).4 ways, that the western states and territo- Washington Territory (1883–1888) ries were achieving the goal of women’s The Kansas Attempt (1867) In 1854, a women’s suffrage proposal “came suffrage before the nation followed with Kansas became a state in 1861. In 1867, within one vote of passing” in Washing- the Nineteenth Amendment. And in this the Kansas legislature included two vot- ton Territory and an 1878 constitutional way, civilization absolutely moved from ing rights referenda on the ballot: one convention rejected such a proposal, again the west to the east, perhaps starting as to enfranchise African Americans and by one vote.13 In 1883, however, the effort far west as statehood would ever reach. the other to enfranchise women. This was successful, at least for a few years. As referendum on women’s suffrage is cited Mead notes, “woman suffrage in Washing- Western Women’s Suffrage as the first such attempt in the country.5 ton Territory . had an unusual history Attempts However, both provisions failed.6 And as of early enfranchisement and disenfran- The Kingdom of Hawaii (1840–1852?) discussed below, it would be nearly two chisement closely related to statehood Although uncertain, the start of women’s generations (1912) until women in Kan- aspirations. The territorial legislature suffrage in the western states and territo- sas would gain the vote. approved the measure in 1883, but the ries may have begun in in the Kingdom territorial Supreme Court invalidated the of Hawaii. Utah Territory (1870–1887) law in 1888.”14 The 1840 constitution of the Kingdom The Utah Territory approved a wom- Bloomer v. Todd was the 1888 Wash- of Hawaii established a House of Repre- en’s suffrage provision in the early part ington Territorial Supreme Court decision sentatives, but did not specify who was of 1870, a provision that would survive invaliding the law.15 Nevada M. Bloomer eligible to participate in the election of it. less than two decades. In February 1870, attempted to vote, and when the 28 The Judges’ Journal • VOL. 59 NO. 3 Published in The Judges' Journal, Volume 59, Number 3, Summer 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. defendants, “judges of election,” refused Alaska Territory granted women—more first law granting women equal and unre- to allow her to do so, she sued for “five accurately some women—the right to vote. stricted voting rights with men.”23 And thousand dollars [about $135,000 in women’s suffrage in Wyoming has been in today’s dollars], and for her costs of suit.”16 [T]he Alaska territory granted place ever since. Wyoming was at the cut- The trial court dismissed for failing to women full voting rights in ting edge in the United States, adopting state a claim, and the Territorial Supreme 1913—seven years before the 19th women’s suffrage more than 150 years ago, Court affirmed.17 The opinion in Bloomer Amendment was ratified. While and 50 years before the enactment of the v. Tod d is filled with rambling paragraphs white women in the Alaska Ter- Nineteenth Amendment.24 To this day, to and sentences in the style of the day. The ritory could now vote, Indigenous honor the achievement, December 10 is rationale offered, however, is captured women could not. celebrated as “Wyoming Day.”25 nicely in the headnote, which concludes that the 1883 Washington Territorial act Activists from the Alaska Native Colorado (1893) conflicted with the terms of the Act of Brotherhood and Sisterhood advo- “In 1893, Colorado became the first state Congress establishing Washington cated for Native suffrage rights. to enfranchise women in a popular refer- Territory, In 1915, the Alaska Territorial endum after a vigorous campaign.”26 This Legislature recognized the right effort
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