42838-elo_13 Sheet No. 169 Side B 12/23/2020 10:41:31 M K 1 C Y ....343 ...... 335 ...... 338 Elon Law Law Elon ” QUALITY ISTORICAL E U.S. PHERES S EGAL EGAL :AH L NVOLVEMENT IN IN NVOLVEMENT I ∗ . While attending Elon Law, Sulli- OMAN EPARATE EPARATE W ...... 353 “S ULLIVAN ARRIERS TO TO ARRIERS OLITICAL B P (334) (334) M. S MERICA AND THE Professor Catherine Dunham for her support ) 12/21/20 6:54 PM A OVEMENT EING AEING Elon Law Review Law Elon M B ELETE D PENSER PENSER EMALE OT OT S N F ATIVE O (D N , Elon University School of Law (December 2020). Sullivan UFFRAGE UFFRAGE S DOCX OTHERHOOD AND THE THE AND OTHERHOOD ). S ...... ’ ...... M ITIZENSHIPAND THE ARLY C . amend. XIX. E PPROVED S ’ Citizenship...... 350 Covert ...... 346 Conundrum...... 344 OMAN (A MPORTANCE OF I W ONST OCTRINE INAL A. Era Pre-Revolutionary the Women in ...... 338 B. The Role of Women in the U.S. Constitution...... 339 C. Influences...... 340 Enlightenment D. Mothers...... 341 Republican D A. Erathe Founding in Citizenship Female Defining ...... 343 B. Women’s Ownership of Property–theFeme Covert C. Martin v. Commonwealth:TheRightsthe ofFeme of Immunities and D.Privileges The Illinois: v. Bradwell A. Acts...... 353 Property Women’s Married staff for their editing and review ofthis work. Sullivanwould also like to OMEN _F OMPARISON OF HE magna cum laude HE EPUBLICAN EPUBLICAN U.S. C C 1 NTRODUCTION T I J.D., ULLIVAN ous student organizations dedicated to social justice. In May 2018, Sullivan degree Arts of Bachelor received a Arkansas from language in Spanish minor with a history in State University. A special thankthe in and guidance you to to the you thank An additional this Note. of creation agement. van was also a Board Member ofthe Elon Law HumanitarianElon Law Moot Court Program, worked in Immigrationthe Law Clinic, and was an active participantin vari- Review Jerry encour- and parents, her support thank never-ending their for Sullivan, Leigh and served as an Articles Editor for the III. W II. R ∗ S IV. T I. “The right of citizens of the United States to vote shall not bedenied notvote Statesshall to Unitedthe of citizens “Theof right sex.” of account on State any by or States United the by abridged or 42838-elo_13 Sheet No. 169 Side B 12/23/2020 10:41:31 B 12/23/2020 169 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 170 Side A 12/23/2020 10:41:31 , 3 4 371 335 ...... 380 .(Sept. 16, 2019), 2019), 16, .(Sept. OL ...... &P and their increased increased their and 5 OMAN OCIETY OMEN OMEN S W .W M ., ., https://cawp.rutgers.edu/current- A OL FOR &P EING A MERICAN . B A TR NTRODUCTION ,C OMEN OMEN I ) 12/21/20 6:54 PM .W ATIVE ATIVE M ELETE N A D On August 18th, 1920, the amendment was ! I. OT OT 2 N FOR O . MPORTANCE OF (D I TR ,C HE OLITICS IN DOCX ). P There There are now 126 women in Congress, making up ...... , https://www.ourdocuments.gov/doc.php?flash=false&doc=63 (last visited 6 GOV PPROVED . Comparison...... 375 Movement...... 361 AProposal...... 378 (A Seneca Falls and the Declaration of Sentiments of Declaration the and Falls Seneca ...... 355 INAL B. C. Achieving Equal Politicalfor Representation Women: A.371 Early America in Societies Matrilineal ...... B. Womenin Native American vs. U.S. Politics: A C. Rights Movement...... 357 Women’s TheWar Post-Civil Rights Women’s the in D.Militancy Century 20th E. The Current Status of Women in U.S. Politics...... 365

_F Congress Congress passed the to Nineteenth Amendment the U.S. Consti- OMEN AND AND OMEN For example, women have exercised their voting rights in greater in rights voting theirexercised have womenexample, For ONCLUSION 19th Amendment to the U.S. Constitution: Women’s Right to Vote Id. (1920) in Gender Differences Voter Turnout Id. Current Numbers 2 3 5 6 4 ULLIVAN M K Dec. 3, 2020). numbers (last visited Dec. 3, 2020). 2020). 3, Dec. visited (last numbers visibility visibility is apparent not only in terms of voter turnout, but also with respect to political office. There are currently three women on the U.S. Supreme Court, and four women in Cabinet and Cabinet- ratified, guaranteeing women throughout the nation the right to vote. to right the nation the throughout women guaranteeing ratified, VI. C OURDOCUMENTS https://cawp.rutgers.edu/sites/default/files/resources/genderdiff.pdf. 2020] 2020] T S V. W tution on June 4th, 1919. 4th, June on tution federal and state elections for roughly one hundred years, and the sex biological toward of attitudes in terms different is much nation inthe political arena. population,U.S. the of half over up make Women This was a landmark achievement, made possible by the unyielding nation’sthefounding.of timecourageous effortsthefrom of women Today, women have exercised their constitutional right to vote in level positions. number than men for decades. In each presidential election since 1964, 1964, since election presidential each In decades. for men than number the number of female voters has exceeded that of male voters. C Y 42838-elo_13 Sheet No. 170 Side A 12/23/2020 10:41:31 A 12/23/2020 170 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 170 Side B 12/23/2020 10:41:31 M K , – C Y .13 .) 6, 6 OL ED [V Modern Fam- Modern This This is an ,&M In contrast, it is evident is it EPRESENTATIVES Gender refers to R 8 14 13 ENDER Id. ,G is is a biological trait; a OUSE OUSE For candidates who EX Of Mice, Men and Women: and Men Mice, Of .: S 12 Sex EP R :U.S.H PECIAL PECIAL See id. RCHIVES . 1, 1 (Mar.https://www.barbara- 2017), 22, Much of the population retains Krista Conger,Krista .(S ED 10 &A See OUND .M .F ) 12/21/20 6:54 PM RT RT TAN AM F ELETE ., A D EE , 34, S IST L OT OT note 6. 6. note The Elon JournalLaw N ,H O (D supra ARBARA , DOCX ). ,B “is socially, culturally, and personally defined.” defined.” personally and culturally, socially, “is 9 In campaignconcerningquestionsdiscussions,pose votersIn Although the two terms often align with one another, that is not always not is that another, onewith align termsoften twoAlthough the Indeed, the number of women in positions of political PPROVED 11 The notion that gender and sex are one in the same perpetuatesnotion the thesame in areone sex and genderthat notion The (A Id. gender 7 Id. INAL at 2.

_F Despite these successes, women still do not receive equal treat- Modern Modern Family: How Women Candidates Can Talk About Politics, Parenting, and Id. Id. Id. Id. Caraway, Hattie Wyatt NumbersCurrent prevalence the prevent to as so “gender” than rather “sex” term the use will Note This 7 8 9 (2017), https://stanmed.stanford.edu/content/dam/sm/stanmed/documents/2017spring.pdf. (2017), https://stanmed.stanford.edu/content/dam/sm/stanmed/documents/2017spring.pdf. 11 12 13 14 10 ]. ULLIVAN circumstance of birth that is predetermined.is that birth circumstanceof Inclusive More Research Making of using one term whilst truly referring to the other. In that time, the number of women in the Senate grew from one twenty-five. to women who are notwomenwhomothersareandhavenever marriedare considered incapable of understanding the “concerns of families.” the antiquated assumption that the primary role of women is to serve serve to is women of role primary the that assumption antiquated the mothers. as ment. Women who run for political office are criticized based stereotypes attributed to on their sex. that that women have made great strides in the past eighty-eight years. power power does not accurately represent their numbers within the U.S. one When this is achievement. a significant Nevertheless, population. 1932, considers in Senate U.S. the to the fact that Caraway there were no Hattie until female Congresswomen of election the leefoundation.org/wp-content/uploads/BL_Memo_Final-3.22.17.pdf [hereinafter Their Personal LivesPersonal Their 336 S immensely difficult obstacle to overcome, and yet men do not face 10 how one perceives themselves in society, and how they are perceived in their interactions interactions their in perceived are they how and society, in themselves perceives one how others. with a female political candidate’s role as role a mother. candidate’s a political female to their ability the are handle question of voters mothers, demands motherhood in addition to their role as a politician. https://history.house.gov/People/Listing/C/CARAWAY,-Hattie-Wyatt-(C000138)/ https://history.house.gov/People/Listing/C/CARAWAY,-Hattie-Wyatt-(C000138)/ (last visited Dec. 3, 2020). In contrast, 23.6% of the total members of the U.S. Senate and House of Repre- of House and Senate U.S. the of members the total 23.6% of sentatives. ily the case. case. the that gender is inherently masculine or feminine. feminine. or masculine inherently is that gender 42838-elo_13 Sheet No. 170 Side B 12/23/2020 10:41:31 B 12/23/2020 170 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 171 Side A 12/23/2020 10:41:31 16 337 passim double bind . 1019 . This Note unce back. unce EV There is not is There 18 a phenomenon phenomenon a 19 .L.R — A a concept that has OMAN — , 24, G W . 1, 52 (2005). UST EING A &J B ACE ACE ,R (Mar. (Mar. 18, 2018, 12:00 AM), https://www.post-ga- ) 12/21/20 6:54 PM ELETE ENDER D G note 11. note OT OT AZETTE N -G Gendered Checks and Balances: Understanding the Legacy theLegacy Understanding Balances: and Checks Gendered O note 11, at 2. 11, note , 9 J. MPORTANCE OF For For Women Candidates, that ‘Extra’ Question: ‘What About (D I supra OST P , When men are critiqued regarding their ability to to ability theirregardingcritiqued are men When Assisted Reproductive Technology&the Double Bind: The Illu- HE 15 DOCX supra ). The political contributions of women are measured , 17 PPROVED between the sexes suggests some possibilities. some suggests sexes the between ITTSBURGH (A 20 ,P Natalie Natalie Mihalek, INAL at 1043. Part II of this Note discusses the theory of “Republican Moth- “Republican of theory the discusses Note this of II Part _F

See Modern Family Robert A. Williams, Jr., Id. See Family Modern This phenomenon is referred to in employment law as a “double bind.” In other 18 19 15 16 17 20 ULLIVAN M K opportunities to simultaneously pursue careers and families equal to their male counter-parts.”Michele Goodwin, served served as upon the to their limitation ability primary in participate sory Choice of Motherhood refers refers to the socio-legal constructs prevalent in the U.S. today which “limit women’s nation’s founding, society viewed women’s political contribution as tied as erhood,” contribution and political the women’s concept viewed of society separate founding, spheres. nation’s At the time of the This home.thechild-rearing and of domestic therealm to intimately words, women who act more like men (not mothers) are considered too “masculine” and and too “masculine” women who words, considered act like men are (not more mothers) women women who act (are “feminine” mothers) are weak. considered The term Context Cultural Indian American an in Patriarchy White of zette.com/opinion/Op-Ed/2018/03/18/For-women-candidates-that-extra-question-What-about- 2020] 2020] T S and valued largely upon the concept of motherhood of concept the upon largely valued and that has persisted in American society for centuries. one clear way to determine how American society might move for- politics.However,American into fully more womenintegrate to ward observationearlyof Native American society’s checks“systemof and balances” juggle family, life, and political office, they are able to bo to able are they office, politicaland life, family, juggle However, the mostin powerfulcomponent and of this isNote U.S. found in its the in women of involvement political the of comparison value society U.S. and American Native Both society. American Native women’scontribution tothe home. Unfortunately, U.S. society fails to make would perspectives unique and voices women’s that understand our political system stronger and more diverse centuries. for society American Native to integral been addresses addresses the evolution of women that female obstacles political the in participation over differences and time, present. similarities the the to analyzing Revolution American the of days the since faced have Women, on the other hand, face tremendous difficulty in overcoming overcoming in difficulty tremendous face hand, other the on Women, such critique. this samethis burden. the the Kids?’ (1990). the-kids/stories/201803310027. C Y 42838-elo_13 Sheet No. 171 Side A 12/23/2020 10:41:31 A 12/23/2020 171 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 171 Side B 12/23/2020 10:41:31 M K C Y , 16 .13 OL [V EPARATE “S OCTRINE ”D Women were not meant to venture venture to meant not were Women 21 PHERES OTHERHOOD AND THE ) 12/21/20 6:54 PM S M ELETE D OT OT The Elon JournalLaw N O (D Women in the Pre-Revolutionary Era &L.205, 208 (2009). 208 &L.205, ! EPUBLICAN EPUBLICAN DOCX Rethinkingthe& Women Constitution: An Historical Argument for ). R A. OMEN OMEN PPROVED J. W ! (A II. ARY ARY INAL _F Even before the American Revolution, colonial society in America in society colonial Revolution, American the before Even Part IV of this Note primarily concerns the efforts of the SamanthaRicci, .&M 21 M ULLIVAN Recognizing Constitutional Flexibility withW Regards to Women in the New Republic into the public realm of politics, an area reserved exclusively for differentiated between the proper places of men and women, dividing dividing women, and men of places differentiated proper the between spheres.” “separate into roles their 338 S founding era to today. The egalitarian viewpoints of towardcertain move Native can U.S. the how to as insightprovide societiesAmerican comparisons those utilize will subpart third The equality. sex greater to create a proposal for future change. Part VI consists of a brief conclusion, highlighting the recurring themes observed through the effort greater for female calling of and study politics in participation men men and women such that they did with not conflict common law concepts. posed system court the struggles the and Movement Suffrage Woman’s contains IV Part vote. analysis to right an the obtaining in women for of the current status of U.S. female political representation. Part V thisof Noteconsists threeof subparts. first The subpart discusswill of the in Native framework society American sociopolitical terms of how political power was divided between men and second women. subpart The will compare and contrast the place of women in Native American society with that of women in the U.S. from the matters of politics. However, as the nation grew, so too did methods methods did too so grew, nation the as However, politics. of matters this of III Partequality. achieving political from hinderingwomen of patriarchal and interpretation Constitutional of methods the explores Note Once voting. from women prevented which practices standards law the common define to began nation the ratified, was Constitution U.S. This operate. which by would practices government and of system its patri- of principles the regarding the inconsistencies reflected process archal common law practices and for the definition of citizenship citizenship. Ac- of definitions different developed courts the cordingly, to achieve a more comprehensive vision of equality in the U.S. U.S. the in equality of vision comprehensive more a achieve to 42838-elo_13 Sheet No. 171 Side B 12/23/2020 10:41:31 B 12/23/2020 171 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 172 Side A 12/23/2020 10:41:31 31 28 29 L.J. 339 ALE DEOLOGY IN I , 100 , Y OMAN Indeed, women played W NTELLECT NTELLECT AND 27 The American Revolution The Revolution American :I 24 EING A EPUBLIC B R ) 12/21/20 6:54 PM 12. – ELETE Reflections on Sex Equality Under Law D OT OT N Retaining previous patriarchal notions of the O OMEN OMEN OF THE MPORTANCE OF (D I However, these discussions took place without the the without place discussionstook these However, 7 (1980). 26 note 24, at 9 24, note ,W These These ideas were inspired by classical philosophers 25 HE DOCX ). 23 Thethe U.S. Rolein of Women Constitution

ERBER MERICA supra 30 ! note 21, at 212. at 212. 21, note , A B. PPROVED 9. (A – K. K ERBER supra Catharine A. MacKinnon, A. Catharine Instead, women were meant to remain within the private, INAL at 8 at 9. K

_F The theory of coverture referred to the idea that, upon marriage, marriage, upon that, idea the to referred coverture of theory The The The founding fathers grappled with what the proper role of INDA 22 Id. Id. See See Id. Id. Id. Ricci, Id. L

31 25 26 27 28 29 22 23 24 30 EVOLUTIONARY EVOLUTIONARY ULLIVAN M K presence presence of women. a woman’s legal identity was subsumed by that of her husband. 1281, 1281 (1991). domestic sphere. domestic proper proper place of men and women, political discussion was an area only. men for reserved R 2020] 2020] T S women in the new nation should look like. an important role during the war. They were expected to demonstrate demonstrate to expected were They war. the during role important an their political allegiance and loyalty, and to provide support to supplies. the and care, medical shelter, food, of form the in soldiers male Some women also contributed to the war effort by serving as spies.servingas by womenalsocontributedthewar effort Some to In lighttheirof admirable support in thefight independence, for it was necessary to determine how women would continue to support a concept of “coverture,” of The notion forward. moving the nation informed society, American in accepted commonly common-law British discussion. this considered citizens. considered forever altered Western society and set the trajectory of the nation’s the of trajectory setthe and society foreveraltered Western future. The foundation debated, of the were political issues structure important of the nationcritically and was time, this during created such as what meant, “citizenship” and what were individuals to be men. and women occupied a lesser domain within society, serving the public public the serving such as who society, Aristotle, taught that “politics was the within affair of men” domain lesser a occupied women and to the home. through contributions their C Y 42838-elo_13 Sheet No. 172 Side A 12/23/2020 10:41:31 A 12/23/2020 172 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 172 Side B 12/23/2020 10:41:31 M K

, 38 35 C Y 26. – .13 OL [V note 24, at 23 at 24, note supra . 2139, 2142 (2019). , EV It is no wonder then Thus, after the Revolu- the Thus,after ERBER 40 37 K In doing so, they ventured 36 , 99 B.U. L. R see also ) 12/21/20 6:54 PM Indeed, Rousseau proposed that women 1, 3 (2010); ELETE 11. 9. D – 39 Y – Coverture Coverture served as a legal handicap for ’ 6. Enlightenment Influences OT OT – OL ! The Elon JournalLaw N 33 O .P C. (D Nonmarital Coverture OC DOCX Law and Literature: Story-Telling and Norms in Emile Rousseau’s ). In fact, although the proper role of women was note 24, at 9. at 9. 24, note at 8 24, note at 10 24, note L. & S note 39, at 5 note 21. 21. note at 216. 21, note 34 PPROVED supra supra supra (A ENDER ENDER , , , supra supra supra Eric Engle, INAL Given that only citizens who exercised independent control over over control independent exercised who citizens only that Given

.J.G _F This idea of the apolitical nature of women contrasts with their their with contrasts women of nature apolitical the of idea This The ideas of Enlightenment philosophers such as Montesquieu, ERBER ERBER ERBER 32 Id. Albertina Antognini, Ricci, Ricci, See Engle, K K K

UFF 32 33 35 36 37 38 39 34 40 ULLIVAN role role during the During era, that American Revolution. women were acts their through the war effort in aiding citizens, valued certainly of loyalty to the Revolutionary cause. outsidesphere traditional their private of society within placeof the sphere. public male-dominated the into and property property were thought to be capable observation of appeared to mean free that married women had will, no political the resulting identity of their own. 340 S the the marriage. women. This common law concept not only prevented married women married prevented only not concept law common This women. inclusion without sued frombeing acquiring or property suing in will, their by own land name, butdevising it from also them prevented of their husband in the action, and receiving income earned during had to be established. established. be to had establishing in fathers founding the influenced Rousseau and Gibbons, Republic. the of structure social and political the of foundation the tion, tion, the proper role of women in the of new the society Republic Jean Jacques Rousseau’s writings in particular reflected his belief in the inferiority of women. Whena woman married, herhusband obtained control of her prop- erty. thought thought to reside within the domestic sphere, even in that women did not realm possess sole authority. Instead, weremen seen as the commands. their obey to were women and household, the of heads 18 B wereinferior to men as an inevitable condition natureof and were innately less capable of intellectual thought. 42838-elo_13 Sheet No. 172 Side B 12/23/2020 10:41:31 B 12/23/2020 172 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 173 Side A 12/23/2020 10:41:31 43 341 and prior prior and 46 She went so 47

OMAN 44 W In response, Mr. Adams John Adams, a man of As one method,onewives theAs 48 41 42 50 EING A B He stated that they “kn[e]w better ) 12/21/20 6:54 PM 49 ELETE Republican Mothers D ! 17. OT OT – D. N O MPORTANCE OF (D I HE DOCX ). note 24, at 82. 24, note note 21, at 216. 21, note at 216 21, note PPROVED supra (A , Abigail Adams was also a proponent of feminism,of proponent a also was AdamsAbigail supra supra INAL at 217. 45

_F Still, during this time the women who were privileged enough It is clear that male society was not willing to extend women ERBER Ricci, Id. Letter from Abigail Adams to John Adams (July 5, 1780) (onwith file author). Ricci, Id. Letter from Abigail Adams to John Adams (Mar. 31, 1776) (on file with author). Id. Letter from John Adamsto Abigail Adams (Apr. 14, 1776)Id. (on file with author). K

41 42 43 45 46 47 48 49 50 44 ULLIVAN M K far as to declare that they would start a “rebel[l]ion” if special care wasnot taken address to women theDeclaration, in articulating that not did that [l]aws” any by bound [themselves] hold “not would they grant them a “voice” or “[r]epresentation.” in status to speak with greater efforts. freedom were ridiculed for their of powerful men advised their husbands on matters of politics and the formation of the nation’s structure. than to repeal [their] masculine systems.” masculine [their] repeal to than immensepolitical influence, relied hisonhim to wife informed keep of local politics, and “he expected her to keep his fences mended.” to the creation of the Declaration of Independence, she wrote a letter letter a wrote she Independence, of Declaration the of creation the to when to the he [l]adies” him her to, imploring “[r]emember husband and the other men to gathered write the document. 2020] 2020] T S the same ability as men to participate in the political realm of society. society. of realm political the in participate to men as ability same the War RevolutionaryAmerican the during support of actionstheir Still, indicatedthat women did serve some role in furthering the political communications regarding his political dealings. political his regarding communications Indeed, Abigail Adams remarked in one letter to her husband that he had made her a in her “politician” allowing to be involved in stated that he could not help “but laugh” and assured his wife his assured and laugh” “but help not could he that stated that the social order would remain. that, reflecting on these ideals, the founding fathers expressed similar similar expressed fathers founding the ideals, these on reflecting that, women Still, politics. of world the in women of role the about beliefs activity. political in engage to ways found C Y 42838-elo_13 Sheet No. 173 Side A 12/23/2020 10:41:31 A 12/23/2020 173 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 173 Side B 12/23/2020 10:41:31 M K 52 C Y .13 OL Women [V However, However, 51 58 Instead, women 55 Republicanmothers 54 Today, female politicians face face politicians female Today, Women have been subject to 60 59 09. – ) 187, 202 (1976). (1976). 202 ) 187, ) 12/21/20 6:54 PM SSUE I ELETE D OT OT N The Elon JournalLaw PECIAL PECIAL note 26, at 1308 26, note O (D .Q.(S DOCX supra M 56 ). note 24, at 11. 24, note This This theory served as one of the first forays into The Republican The Mother: Womenand theEnlightenment–An Ameri- 57 , 28 A PPROVED 12. Womenoccupied specialplaceahome, within thecapable supra – (A , 53 MacKinnon, INAL at 11 at 203. at 1308. _F The concept of Republican Motherhood “integrate[d] domesticity domesticity “integrate[d] The of concept Motherhood Republican ERBER Id. Id. Linda Kerber, Id. Id. Id. See id. See Id. K

51 52 53 55 56 57 58 59 54 60 ULLIVAN difficulty getting elected to office based on such antiquated notions notions antiquated on to such based office elected getting difficulty political political participation for women in the nation’s history. of instilling values within those closest to them.closestinstillingto withinthose of values canPerspective 342 S moving forward, it also servedas a method to limit women’s ability began began to exercise a lesser form of political participation within the were mothers to home. their sons educate Republican about proper in accordance acted and husbands civic to that virtues their ensure withsuch values. and politics.” disadvantages in society, and in the realm of politics, due to their childbearing.”in role and “capacityfor were not to make any political decisions, as that would constitute a divergence from the concept of separate spheres. incorporated political principles into their domestic lives, utilizing their utilizing lives, domestictheir principlesinto politicalincorporated intimate relationship to the home as a means of fostering political values into the and minds of children, family their other husbands, members. They They carved out such a place for themselves through the idea of RepublicanMotherhood. According thistotheory, Republican mothers stability and growth of the new nation, albeit a lesser position than than position a lesser albeit nation, new the of growth and stability did men according to their own patriarchal beliefs. However, the questionremained as to what that proper roleof womenshould be. historian by coined term a Motherhood,” “Republican of concept The Linda Kerber, developed as an answer to this dilemma. upon the political realm without upsetting the established social order. social influence some have could they which established in a method forge to strove the upsetting without realm political the upon to to participate based politically on her role as a mother, a tradition that has continued to the present. 42838-elo_13 Sheet No. 173 Side B 12/23/2020 10:41:31 B 12/23/2020 173 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 174 Side A 12/23/2020 10:41:31 63 177 — 343 TATE EGAL EGAL S L 66 OMEN IN THE THE IN OMEN are created equal.” created are W OMAN ARRIERS TO B W The lack of any female female any of lack The men 65 This demonstrates a critical critical a demonstrates This NCLUDING NCLUDING :I 61 EING A No No women were permitted to B QUALITY 2. – E 82. 64 – One of the foundational principles ., https://constitutioncenter.org/learn/educational- ., RIENDSHIP para. 2 (U.S. 1776) (emphasis added). F ) 12/21/20 6:54 PM TR 62 .C IVIC ELETE C D note 11, at 1 11, note N ONST ITIZENSHIP THEAND OT OT C N C ,O L O ’ note 26, at 1281 26, note S MPORTANCE OF NDEPENDENCE ’ (D I I supra AT , ,N HE DOCX supra ). OMEN W Defining Female Citizenship in the Founding Era Era Founding the in Citizenship Female Defining ! PPROVED CHWARZENBACH (A A. ECLARATION OF ECLARATION ! and an examination and of an its examination makes this contents fact all too A. S D MacKinnon, whilewomen used motherhood toobtain politicala voice, such INAL at 1281. in are they Note, this in used are “men” and terms “women” the When at 1283. III. 67 _F Men and men alone participated in the creation of the Consti- DuringtheConstitutional Convention,occurred which fromMay HE — IBYL See Modern Family FAQs Constitution Id. Id. T S See

61 62 63 65 66 67 64 ULLIVAN M K reference reference to non-minority persons. It is beyond the scope of this Note to vote. the right in obtaining color of to to persons posed barriers address additional the that women are best suited to the domestic sphere and have no place place no have and sphere domestic the to suited best are women that inthemale-dominated politics.of world tution, guiding the creation of the U.S. Constitution is found in the Decla- in the is found Constitution the of U.S. creation the guiding “all that assertion Independence’s of ration resources/constitution-faqs (last visited Dec.(last resources/constitution-faqs 2020). 3, clear. Women were never explicitly mentioned, and the male pronoun pronoun male the and mentioned, explicitly never were Women clear. point 2020] 2020] T S presence at these proceedings suggests proceedings these at presence did Fathers Founding the that beings. as to as equal men, but rather inferior women not consider Indeed, while women were prevented from exercising the vote for over two righthundred years subsequent to to the signing of the challenges. such face not did men Constitution, U.S. participate in the discussion of, or the creation of, the Declaration of of Declaration the of, creation the or of, discussion the in participate Despite the importance of this momentous period in history,however, periodin momentous this of Despiteimportancethe the attendees of these discussions did makeup not of accurately the reflect American the public. (2009). reliance has also served to inhibit them from progressing further progressing from them to inhibit served also has reliance in politics. of realm the Independence,nor of the U.S. Constitution. 25th, 1787, to September 17th, 1787, the founding fathers met to create create to met fathers founding the 1787, 17th, September to 1787, 25th, democracy our of backbone the as serve would that document the the United States Constitution. C Y 42838-elo_13 Sheet No. 174 Side A 12/23/2020 10:41:31 A 12/23/2020 174 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 174 Side B 12/23/2020 10:41:31 M K C Y See .13 .7,13

OL 70 NEQ [V It was left to , 6 L. & I As such, women women such, As 69 76 Id. . 349, 351 (1992) [hereinafter It is important to note EV and did not include a The principle that women women that principle The 68 .R 71 73 IST nine times throughout the Constitution. .H M Conundrum , 97 A ) 12/21/20 6:54 PM ELETE 15. D , 1805 – OT OT were citizens of the nation.” the of citizens were The Elon JournalLaw N . amend. X. O 75 Given Given that the traditional view in the era of (D . However, the pronoun “he” appears fifty times in the document, document, the in times fifty appears “he” pronoun the However, . The Constitutional The Status of Womenin 1787 72 ONST The Paradox of Women’s Citizenship in the Early Republic: The DOCX ). ONST note 72, at 72, note 14 note 26, at 1282. 26, note U.S. C note 21, at 221. 21, note Women’s Ownership of Property–the Feme Covert ]. For a discussion of the argument posed by woman insuffragists the

. of 1776, art. IV. PPROVED U.S. C U.S. ! 74 (A supra supra B. supra ONST see also at 14. The word “person” appears forty- Martin vs. Massachusetts INAL Paradox ; _F For their part, the drafters of the New Jersey State ConstitutionStateJersey New the of drafters part, the theirFor Regardless of the reality that, at this time, women were not Id. Norton, Only non-slave women, however, were considered U.S. citizens at this time. Linda K. Kerber, Id. Ricci, Id. N.J. C Mary Beth Norton, 71 73 75 76 68 69 72 74 70 ULLIVAN in 1776 drafted a suffrage clause which defined eligible voters as “all asvoters eligible defined which clause suffrage a drafted1776 in inhabitants of this Colony of full age” See generally MacKinnon, individuals were to participate in the politics of the nation. nation. the of politics in the participate to were individuals were not participants of the political world was so ingrained in early early iningrainedso was politicalworldnot the participantswere of Americansocietybeyondthatwas contemplationit the these of men to consider that women may seek to in become involved in politics future. the the States to determine their own standards of voter eligibility. voter of standards own their determine to States the Case Case of that, although the Constitution did not prohibit women from voting, voting, from women prohibit did not Constitution the although that, it also did not grant this right to men specifically. illustrating that illustrating gender did play a role in the Founding conception of Fathers’s which the Republic was that women were not members of the public sphere sphere public the of members not were women that was Republic the modifier. a such include to of politics, it is possible thatnecessary the members of the state constitutional it find not did merely convention Similarly, the Founding Fathers used the Constitution.the wordof partsvarious in “man” “person” instead of (1988). 344 S Kerber, 1870s on the inequality of paying taxes without representation in the government, see appears appears thirty times within the document. meant to participate in the male-dominated field of politics, the fact the politics, of field male-dominated the in to meant participate “women that remained masculine masculine modifier. 42838-elo_13 Sheet No. 174 Side B 12/23/2020 10:41:31 B 12/23/2020 174 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 175 Side A 12/23/2020 10:41:31 , . 81 .” 345 ALIF How- 83 ,88C However, Under Under the 77 80 feme covert feme the right to vote, vote, to right the 85 — OMAN W *421, *421, *430). orto sue. 84 EING A B This situation posed an issue in According to William Blackstone’s 88 were subject to taxation. OMMENTARIES 79 ) 12/21/20 6:54 PM ,C — ELETE D OT OT N note 76. note at 356. 76, note note 76. note note 67. note 67. note O LACKSTONE MPORTANCE OF (D B I Contest and Consent: A Legal History of Marital Rape Marital of LegalHistory A andConsent: Contest Her husband could only exercise control of her supra supra supra supra supra HE DOCX ). , , , their identities were integrated into that of their , , 86 ILLIAM . 265 (1994). — Dollars and Selves: Women’s Tax Criticism and Resistance in the 1870s the in Resistance and Criticism Tax Women’s Selves: and Dollars note 21, at 225. at 225. 21, note note 21, at 212. 21, note EV Thus, Thus, these two concepts of a woman’s place in the PPROVED and when a woman acquired real estate by bequest, it (A Paradox Paradox Paradox 82 supra supra . L. R

87 78 INAL (citing 1 W 1 (citing LL

for single adult women _F Coverture Coverture was a structure of English common law adopted by However, a critically important distinction lies in differencethe .1373, 1382 (2000). 1382 .1373, CHWARZENBACH CHWARZENBACH Id. Id. Id. Kerber, Jill Elaine Hasday, Ricci, Kerber, Kerber, Id. Ricci, S S —

EV 81 82 83 85 86 87 88 77 78 79 80 84 ULLIVAN M K legal concept of coverture, “a married woman was a property, existence of the woman is suspended during marriage. Commentaries on the Laws of England, the very being or legal early American decision-makers. political structure of the nation conflicted. For certain purposes, women women purposes, certain For conflicted. nation the of structure political wereconsidered national citizens, bound to abide its by laws. remained remained within her family line. L. R Carolyn C. Jones, Jones, C. Carolyn 1994 U. I 2020] 2020] T S at at the national same as women time, of view the this with continued contrasted acceptance of coverture of the doctrine common law citizens. ever, married women husbands their were as notrights same consideredthe enjoy to legal unable persons and were name, own their in property acquire to This meant that married women had no independent legal existence existence legal no had independent women married that This meant of their own husbands. were subject to the nation’s laws, were capable of beingnaturalized, and between between “control” and “ownership” of property. As previously illus- prop- any of control relinquished she married, woman a once trated, erty she owned to her husband, and could not acquire property in her own name. C Y 42838-elo_13 Sheet No. 175 Side A 12/23/2020 10:41:31 A 12/23/2020 175 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 175 Side B 12/23/2020 10:41:31 M K , . 95 C Y M

97 .13 EBSTER OL , 2 A -W [V When the ERRIAM 94 When the two ,M 98 At issue in that case thatissue in At 91 William Martin, born in , notable for its discussion discussion its for notable , Feme Feme Covert 92 William had been an officer 93 and traveled to England in 1783. in England to traveled and 96 ) 12/21/20 6:54 PM 1, 1 (2013), https://global.oup.com/us/companion.web- ELETE 90 D The The Early National Era – Equality/Gender OT OT N The Elon JournalLaw note 76, at 356. 76, note at 356. 76, note note 76, at 355. 76, note IBERTIES 48. O – (D .&L supra supra supra property ownership and its implications for the state state the for implications its and ownership property Martin v. Commonwealth DOCX TS ). , , , , the Supreme Judicial Court of Massachusetts faced a a faced Massachusetts of Court Judicial Supreme the , 89 The The property later, years was divided three at which :R note 21, at 225. 21, note Upon the death of Anna’s father, James Gordon, Anna Anna Gordon, James father, Anna’s of death the Upon 100 PPROVED 99 (A Paradox Paradox Paradox Martin v. Commonwealth: The RightsofCovertthe Feme , 1 Mass. at 347 supra Martin ! INAL _F C. In Whatever funds William possessed at that time he had largely Id. Id. Martin Howard Gillman et al., Kerber, Id. Ricci, Kerber, A feme covert is 1 a Mass. 347, 347 (1805). married woman. Kerber, Id. feme covert feme 91 95 96 97 98 99 89 92 93 94 90 100 ONSTITUTIONALISM ULLIVAN challenge challenge to notions women. that of status citizenship the with the conflicted common law doctrine of coverture obtained through his marriage to Anna Gordon. were were the actions of Anna and William Martin, theparents then of deceased the plaintiff, James Martin. citizenship of such persons. such of citizenship in the Royal Regiment of thestationed in the during colonies the Seven ArtilleryYears’ War. since 1742, and he was C 346 S inheritedthird estate, his ofthirds one whilethe two other went to her brother. Revolutionary War began, William and Anna Martin fled the city of citythe fled Martin Annaand William Revolutionary began,War Boston and to traveled Halifax, New York, a city. British-occupied sites/fdscontent/uscompanion/us/static/companion.websites/9780199751358/instructor/chap- ter_4/martinvcommonwealth.pdf. William and Anna, ardent supporters of the Commonwealth the to returned Loyalist cause, never https://www.merriam-webster.com/dictionary/feme%20covert (last visited Dec. visited (last 2020). 3, https://www.merriam-webster.com/dictionary/feme%20covert the 1805 case of of case 1805 the of England, married Anna Gordon sometime before 1752, a woman who who woman a 1752, before sometime Gordon Anna married England, wealth. great of a family from came married, under the law of coverture, her property became subject to to subject became property her coverture, of law the under married, control. his 42838-elo_13 Sheet No. 175 Side B 12/23/2020 10:41:31 B 12/23/2020 175 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 176 Side A 12/23/2020 10:41:31 347 In other Thus, in 104 also known known also 114 108 105 However, James James However, Because Anna had had Anna Because 112 110 OMAN As head of the family,theheadof As W 113 . 407, 416 (2013). EV Interestingly, as a matter of EING A B “Real estate that came to [Anna 101 .L.R when a married woman inherited 102 ALIF ) 12/21/20 6:54 PM ELETE , 101 C D under the “absentee act.” under the “absentee OT OT a state official could confiscate the property the property confiscate could a official state N note 76, at 357. 76, note note 76, at 356. 76, note O 111 MPORTANCE OF (D 106 I

supra supra HE 109 DOCX ). , , This meant that couldWilliam exercise only control Citizen Spouse Citizen note 21, at 225. 21, note note 21, at 225. 21, note 103 49. 57. – – PPROVED When William and Anna MartinAnna and William Whenjoin to Massachusetts fled (A Paradox Paradox supra supra 107 INAL at 357. at 348 at 362. at 356

_F Under the Massachusetts Confiscation Act of 1779, of Act Confiscation Massachusetts the Under Twenty years later in 1801, their son James sued to retain this this retain sued James to son their in later years 1801, Twenty Id. Martin v. Commonwealth, 1 Mass. 347, 347 (1805). Id. Kerber, Id. Id. Id. Martin v. Commonwealth, 1 Mass. 347, 347 (1805). Ricci, Kerry Abrams, Id. Ricci, Kerber, Id. 111 112 113 110 114 101 105 106 107 108 109 102 103 104 ULLIVAN M K the the British, they relinquished this property to the state. as the “absentee act,” as “absentee the 2020] 2020] T S Martin attempted to use the doctrine of coverture to assertMartin that the Anna because property, this to apply not did Act Confiscation husband.her of will the tosubordinate was words, a wife was Thus, if duty-bound he chose to to change their marital abide domicile or residence, by it her husband’s wishes. Martin] by bequest was set off to her directly, thus keeping it in the in it keeping thus directly,her to off set was bequest byMartin] Gordon line.” time time Anna received 844 acres of land spanning across portions of New Hampshire and Massachusetts. fled the state, Massachusettsargued thatthe property should not be returned to her estate the husband decided where he the decided and where husband his live. wife would of thoseof who leftthe state during Revolution the in support the of Loyalists. over the property during his lifetime. At his death, the remainder interestinlanddescend heirs. the would her to Annaand 1781, 1781, Massachusetts and New Jersey confiscated the land that they there. owned had common common practice at this time, she property, ownership. retained property once more as the heir of Anna Martin. Anna of heir the as more once property C Y 42838-elo_13 Sheet No. 176 Side A 12/23/2020 10:41:31 A 12/23/2020 176 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 176 Side B 12/23/2020 10:41:31 M K C Y 122 .13 and and OL 124 [V for actions actions for Because the two In contrast,In Blake Because a married married a Because 120 119 125 Thus, Blake suggested femecovert 1, 1, 968, 968 (providing for the 121 § 115 , is an “inhabitant” of the state state the of “inhabitant” an is , 79 Mass. Acts ) 12/21/20 6:54 PM – is not a “member” of the state, as she ELETE feme covert feme D OT OT N The Elon JournalLaw note 76, at 369. 76, note note 76, at 362. 76, note O (D supra supra DOCX ). , , Anna Martin had taken no oath of allegiance, feme covert feme 123 PPROVED (A Paradox Paradox considered the implications of the text of the Confiscation the of the of Confiscation text the implications considered The Act applied to each “inhabitant” and “member” of theof and “member” to each “inhabitant” The Act applied Blake distinguished Blake between distinguished those two finding classifications, INAL at 369. at 415. 116 117

_F In his opening statements, George Blake, attorney for James The Supreme Judicial Court of Massachusetts agreed with Blake, Blake, with agreed Massachusetts of Court Judicial Supreme The 118 Id. Act of May 1, 1779, ch. 49, 1778 Kerber, Id. Id. Id. Id. Id. Id. Id. Kerber, 118 119 121 115 116 117 122 123 125 120 124 ULLIVAN Martin, that members of the state were different than inhabitants, and mem- and inhabitants, than different were state the of members that bers possessed greater relation to the state than did inhabitants. argued argued that a had no more to connection it than “any alien.” statute. confiscation of the estates of chives.lib.state.ma.us/handle/2452/117153. certain persons commonly called absentees), https://ar- woman is “so under the control of her husband, that she acts merelyacts she thathusband, her of control the under “so iswoman that a married woman, or or woman, married a that jurisdiction. its within residence her of nature by 348 S terms terms were used alongside one another, the legislature must have intended that they had different meanings. Members of the state were, to inhabitants.confiscation Blake,Further, Blake suggested thattraditionally, the more statue was that, inapplicable akin explained He to property. citizens Martin’s Anna than to oath an of violations and acts treasonous with affiliated were statutes of allegiance. state. was his wife’s obligation to follow him. Maritalstatus. citizenship status, state their for superseded women, meant to address. address. to meant view the citizenship of and court’s female in articulated its opinion in the age of the Republic. apunish to not wasstatute the Justice of intention Sedgewick explained that the thus she was not a part of the class of individuals the statute was was statute the of thus a individuals not was part of she class the she performed in conjunction with her husband. her with conjunction in performed she 42838-elo_13 Sheet No. 176 Side B 12/23/2020 10:41:31 B 12/23/2020 176 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 177 Side A 12/23/2020 10:41:31 130 127 In In 349 126 feme feme feme feme covert This reasoning reasoning This “did not deprive 132 Further, they were OMAN 133 W offered nothing to the state, feme covert feme EING A B makes clear. ) 12/21/20 6:54 PM 129 ELETE Martin feme covert feme D OT OT note 96, at 2. at 2. 96, note N O MPORTANCE OF (D I note 96, at 2. at 2. 96, note supra Responsibility for the actions of a note 26, at 1282. HE DOCX ). 131 supra note 21, at 226. 21, note supra in herinown name. PPROVED The The Supreme Judicial Court of thus Massachusetts ruled (A supra 128 Gillman et al., suchas Anna Martin, and her property should not be confis- INAL , the laws of the state applied differently to men than to at 3. _F This case illustrates the that difficulty courts throughout faced Althoughthe right tovote is one of the most notable of those Gillman et al., Id. Id. Ricci, MacKinnon, See Id. Id. 131 126 127 128 129 132 133 130 ULLIVAN M K suggests suggests that while second- women nevertheless were were they “persons,” citizens and in “inhabitants” as counted the sense that they class citizens as to compared men. Women were not subject to all as laws, state and national the U.S. at this time regarding the citizenship status of women. Women Women women. of status citizenship the regarding time this at U.S. the that fact the as such purposes,certain forcitizens recognizedas were “persons as counted were they apportionment.” of purposes for .. . 2020] 2020] T S infavor Jamesof Martin, asheir the ofAnna Martin, holding that leaving the state with her husband, a Yet, it is equally apparent that at the same time, they were not truly truly not were they time, same the at that apparent equally is it Yet, in to Sedgwick Justice at as same the citizens level According men. Martin married women. Under Justice Sedgwick’s view, the statute did not apply to a apply not did statute the view, Sedgwick’s Justice Under covert cated by the state merely because of her refusal to husband. disobey her motherhood, and domesticity and posed a motherhood, domesticity to threat The courts tradition. not afforded the same rights of citizenship guaranteed to men. men. to guaranteed citizenship of rights same the afforded not reach. their beyond were too rights other women, to denied privileges right a exercise to seekingwhen difficulty greater even faced Women that challenged the separate spheres concept. Rights that extended beyond the bounds of the separate, female “sphere” of marriage, as his instrument,” as she his cannot be instrument,” guilty found for his actions. she did not violate its laws for her disloyal actions. disloyal her for laws its violate not did she were imposed upon her husband. Similarly, her actions became a his, Because versa. and vice feme covert feme the the Confiscation statute was inapplicable to property owned by a the [state] of her personal services; she had none to render none had she services; her personal of the [state] . . . .” C Y 42838-elo_13 Sheet No. 177 Side A 12/23/2020 10:41:31 A 12/23/2020 177 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 177 Side B 12/23/2020 10:41:31 M K ., C Y NST .13 OL Along .I [V 136 NFO illustrates Bradwell 135 I 134 Mrs. Bradwell Mrs. EGAL EGAL 140 ,L Mrs. Bradwell also 139 Stare Decisis was a married woman who sought Citizenship ) 12/21/20 6:54 PM It further stated that she had been a ELETE D 137 OT OT , or “to stand by things decided,” things by stand “to or , N The Elon JournalLaw Bradwell O (D and sought the ability to engage in the practice in practice to the engage ability the and sought DOCX 138 ). is a Latin phrase referring to the doctrine of precedent. “In practice, is “In practice, a to of the Latin precedent. referring doctrine phrase stare decisis Bradwell v. Illinois: The Privileges and Immunitiesof PPROVED (A ! , the U.S. Supreme Court found that a state had the ability ability the had state a that found Court Supreme U.S. the , D. INAL at 140 (Bradley, J., concurring). J., (Bradley, at 140 at 138. concurring). J., (Bradley, at 140 at 130. at 130 (majority opinion). at 130 _F The plaintiff in Stare decisis 83 U.S. 130, 137, 139 (1872). Id. Id. Id. Id. Id. 135 136 138 139 134 137 140 ULLIVAN admission for a license to practice law in the state of Illinois. of state the in law practice admission to license a for the Supreme Court will usually defer to its previous decisions even if the soundness of even if the soundness decisions its previous to defer will usually Court the Supreme the decision is in doubt.” Timothy Oyen, indicated that she was entitled to this license under the Privileges 350 S with the application Mrs. Bradwell submitted to the U.S. Supreme a was she Court that stated whichaffidavit an includedshe Illinois, of citizen born in Vermont. to deny a woman the right to obtain a professional license. professional a obtain to right the woman a deny to the the legal to system’s dedication upholding of the stability previously established principles. Thus, when women sought to venture into the male “sphere,” the courts sought to maintain the traditional roles of in example, For system. legal the through women and men v. Illinois included the requisite certificateexam- requisite from the a passed had lower and courtcharacter” “good of was demonstrating she that law. practice to qualified was she that show to ination https://www.law.cornell.edu/wex/stare_decisis 2017) Mar. updated (last responded accordingly, taking measures to ensure that the legal system system legal the that ensure to measures taking accordingly, responded maintainedpatriarchal the social order. Just as tradition is important The system. legal the within important it is to also society, critically of doctrine Vermont citizen in the past, yet she had resided in Chicago, Illinois, for “many years” of law as a means of obtaining a livelihood. 42838-elo_13 Sheet No. 177 Side B 12/23/2020 10:41:31 B 12/23/2020 177 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 178 Side A 12/23/2020 10:41:31

152 143 142 351 and and 141 If, as the 150 The Court held that that held Court The OMAN 1 (“No State shall make or W 149 § Thus, Thus, because the court The The court found that the 147 145 EING A B The statute was enacted at a time time a at enacted was statute The .amend. XIV, XIV, .amend. 146 ) 12/21/20 6:54 PM 2, cl. 1 (“The Citizensentitledshall(“The each be 1 state cl. of 2, ONST Rather, that provision “only guarantees ELETE § D 151 OT OT N O MPORTANCE OF (D I . art. IV, art.IV, . 148 HE DOCX ONST ).

PPROVED –33. –32. , 83 U.S. at 140 (Bradley, J. concurring). , 83 U.S. at 138; U.S. C (A INAL at 131 at 132. at 132 at 139. at 138. at 133. at 138; U.S. 138; at C However,their discretion was limited such thethat court was

_F Mrs. Bradwell appealed to the U.S. Supreme Court, which ulti- Inresponse, the Illinois Supreme Court denied her application. Bradwell Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Bradwell 144 151 141 152 143 145 146 147 148 149 150 142 144 ULLIVAN M K statute was not intended to include women as among those persons persons those as among women to include not was intended statute license.receivelaweligibleto a found that the legislature could not have intended to allow women to practice law, it was within its rightful discretion to license. a deny Bradwell Mrs. provision of the Constitution extended her “no protection against its its against her “no protection extended of the provision Constitution courts or its legislation.” matelyruled in favor theof state Illinois.of a citizen of the State whose laws are of.” complained the Privileges and Immunities Clause of Article IV did not apply “to “to apply not did IV Article of Clause Immunities and Privileges the privileges and immunities to citizens of other States, in that State.” States, other of citizens to immunities and privileges intended by the legislature to do so. to endeavor not to admit anyone to practice law who had not been been not had who law practice to anyone admit to not endeavor to 2020] 2020] T S to the Privileges and Immunities of the Citizens of the Several States.”). Several the of Citizens the of Immunities and Privileges the to the Privileges or Immunities Clause Immunities or Privileges the Amendment. Fourteenth the of when the state had adopted English common law, and female lawyers female and law, common English adopted had state the when did not exist in England at that time. enforce any law which shall abridge the privileges or immunities of citizens of the United United the of citizens of immunities or privileges the abridge shall which law any enforce States.”). In other words,a State has the ability to define for itself what the Accordingtothecourt, toany situations as notaddressed within the which by rules the establish to discretion their within was it statute, an individual would be granted a professional license to law. practice and Immunities and ClauseImmunities of Article IV of the U.S. Constitution, plaintiff plaintiff argued, she was a citizen of the state of Illinois, that C Y 42838-elo_13 Sheet No. 178 Side A 12/23/2020 10:41:31 A 12/23/2020 178 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 178 Side B 12/23/2020 10:41:31 M K C Y .13 OL [V Justice Bradley As Mrs.BradwellAs 160 153 Further, due to the 161 He further suggested that, Althoughrecognizedhe that However, Mrs. Bradwell also 159 162 154 However, the Court found that the ) 12/21/20 6:54 PM 157 ELETE D OT OT

The Elon JournalLaw N 158 O (D The The Court agreed with Mrs. Bradwell’s counsel 156 DOCX ). PPROVED (A INAL at 142 (Bradley, J., concurring). J., (Bradley, at 142 at opinion). (majority 133 at 138. at 139. concurring). J., (Bradley, at 140 at 141.

_F Mrs.Bradwell’sattorneythat“there arguedarecertain privileges In a concurring opinion, Justice Bradley maintained that women, women, that maintained Bradley Justice opinion, concurring a In 155 Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. 161 153 155 156 157 158 159 162 154 160 ULLIVAN right to practice law was not one of those privileges and immunities immunities and privileges those of one not was law practice to right nationalof citizenship. and immunities” to and which all immunities” U.S. are and citizens entitled, that no state could deny a person duly admission to qualified practice law within that state. suggested that, suggested because women belonged to the domestic realm, the both idea was that role aacceptable socially her of outside venture woman and husband should seek a career independently from her reprehensible and contrary to common law. was denied a license to practice law under the at a state was she in time could the of lawsshe citizen suit, which the of Illinois, a the of Clause Immunities Privilegesand the underprotection no find Fourth Article of the Constitution. “delicacy” belonging to the female sex, women “manyof were not suited civillife.”occupations the of to 352 S argued argued that a the constituted state’s of decision denial her right to Amend- Fourteenth by the guaranteed and immunities the privileges ment. ment’s Privileges or Immunities Clause. as citizens, were not entitled to “engage in any and every profession, profession, every and any in “engage to entitled not were citizens, as Amend- Fourteenth the under life” civil in employment or occupation, privileges and immunities of its citizens should be. should citizens its of immunities and privileges that that there are privileges and all immunities guaranteed U.S. citizens which no state could deny. not not all women are married, and thus not subject to its legal con- to “exceptions were women such that argued Bradley Justice straints, as both a matter of nature and of civil law, existed there explicit differences in the “spheres” of men and women. 42838-elo_13 Sheet No. 178 Side B 12/23/2020 10:41:31 B 12/23/2020 178 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 179 Side A 12/23/2020 10:41:31 353 Through Through their 168 OVEMENT M OMAN , the legal system yet W UFFRAGE UFFRAGE EING A Bradwell S As nurturers and caregivers of B such prevalentand time-honored S ’ 169 ) 12/21/20 6:54 PM 231. OMAN – ELETE D W note 21, at 219. 21, note L.J. 103, 108 (1994). OT OT S N ’ HE O Married Women’s Property Acts MPORTANCE OF T (D I ! supra OMEN Because the commonly accepted principle dictated dictated principle accepted commonly the Because A. W note 21, at 230 21, note HE DOCX 163 ! ). Ricci, 165 Dominance and Dominance Democracy: The Legacy of Woman Suffrage for the IV. By 1848, this frustration culminated in a concerted effort effort concerted a in culminated frustration this 1848, By supra PPROVED Thus, Thus, Justice Bradley found that Illinois did not err in (A , 5 UCLA 166 Ricci, 164 INAL at 142. at 231.

_F As a result of the decision in From the beginning of the nation’s history, the concept of 167 Id. Id. Id. See generally Joellen Lind, See Id. 163 165 166 167 168 169 164 ULLIVAN M K again sex- alongside citizenship female with how to define grappled that a woman’s utmost calling was to fulfill her duties as a wife and and wife a as duties her fulfill to was calling utmost woman’s a that upon based be must law the mother, notions. based assumptions about women’s fitness to participate in the political political the in participate to fitness women’s about assumptions based challengepartic-barriersandthesesoughtwomenworld.to more As ipate in politics, the fight to obtainthe right to vote grew stronger. The notion of separate spheres was a part of society, an idea to which both men and women subscribed. However, some women be- to participate fully with inability their dissatisfied came increasingly politics. in Voting Right 2020] 2020] T S exercising its police power to deny womenbased license on that professional were its women unfit conclusions the right to obtain a law. practice to known as the Woman’s Suffrage Movement, initiating a struggle to obtain equality for women under the law, vote. including the right to the general rule.” general the RepublicanMotherhoodremainedprimarymethod through the which women could exercise a form of political activity. influence upon their husbands and children, women occupied a special special a occupied women children, and husbands their upon influencetheir guide to opportunity unique the them affording society, in place husbands’ own actions in politics. the nation’s future citizens, women instilled moral and political values values political and moral instilled women citizens, future nation’s the within those who would grow to become our nation’s physicians, C Y 42838-elo_13 Sheet No. 179 Side A 12/23/2020 10:41:31 A 12/23/2020 179 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 179 Side B 12/23/2020 10:41:31 M K C Y .13 OL sought sought [V é However, OUNDATIONS F 171 Stanton argued argued argued that the EMINIST EMINIST F 175 é ., ., http://www.teachushis-

IST 174 Grimk US H 179 173 EACH EACH TANTON AND THE , T The ability to own property, in S 177 ADY ADY C ) 12/21/20 6:54 PM ELETE D Without a legal foundation for their exclu-theirfor foundation legal aWithout OT OT LIZABETH LIZABETH N The Elon JournalLaw 172 O ,E (D To To Stanton, the doctrine of coverture reinforced note 167. 167. note DOCX HOMAS 176 ).

41 (2016). – 170 A. T 40 supra PPROVED (A AW Thus, property rights became the avenue through which which through avenue the became rights property Thus, RACY RACY L Lind, 178 INAL at 41. at 40. at 41. at 232. T _F Nevertheless, women ultimately grew tired of their unequal treat- unequal their of tired grew ultimately women Nevertheless, Consistent with that view, women’s rights activists sought first to to first sought activists rights women’s view, that with Consistent See Sarah Grimké Argues for Women’s Rights Id. See Id. Id. Id. Id. Id. Id. AMILY AMILY F 171 173 175 176 177 178 179 172 174 170 ULLIVAN concept merely reinforced the subjugation of women and prevented and prevented women of subjugation the reinforced merely concept advancement. societal overall and political their that that property rights were critically important to women’s “political enfranchisement.” to to dismantle the separate spheres system. a sense, symbolized the status of citizenship. Coverture “denied women [] [] legal rights” in position. addition to manipulating their societal 354 S OF tory.org/second-great-awakening-age-reform/resources/sarah-grimke-argues-womens-rights (last tory.org/second-great-awakening-age-reform/resources/sarah-grimke-argues-womens-rights sion sion from the vote, Grimk their Sarah advocate argument rights would women’s and be abolitionist example, even stronger. For attorneys, and political leaders. Thus, some Republican mothers fought fought mothers Republican some Thus, leaders. political and attorneys, niche their lose would they that fearful cause, suffragist the against society. in role the concept that women were inferior beings, without legal identities identities legal without beings, inferior were women that concept the independent from their husbands. attack attack other areas of the law before addressing the vote directly. Women such as Elizabethdirect a in Cady ownership Stanton property of sought terms in to faced women reverse crimination the dis- coverture. of doctrine law common the to challenge assumptions in the law. the in assumptions rather rather than focus on obtaining the right to vote as their primary objective, women first worked to dismantle the system of sex-based ment ment and began sex. to fight their against laws of that denied circumstancethem the mere rights by society male by enjoyed visited Dec. 3, 2020). womenobtained other rights for their sex. 42838-elo_13 Sheet No. 179 Side B 12/23/2020 10:41:31 B 12/23/2020 179 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 180 Side A 12/23/2020 10:41:31 187 184 355 LAVERY LAVERY -S NTI ONDITION OF ONDITION C A Many statesMany Their Their needs 9 (2019). In selectively – 181 186 EMALE EMALE 185 F . 8, 8 AND AND THE , AW OMAN .L OSTON OSTON EXES S B W EL By By the end of the Civil , 37 D 182 EING A For example, in April of 1848, B 180 QUALITY OF THE THE OF QUALITY RESIDENT OF THE THE OF RESIDENT E ) 12/21/20 6:54 PM 183 ,P ELETE D ARKER OT OT N S. P O MPORTANCE OF Quieting the Sentimentsthe Quieting (D I ARY ARY ETTERS ON THE THE ON ETTERS M ,L HE DOCX É ). Seneca Falls and the Declaration of Sentiments Sentiments of Declaration the and Falls Seneca note 167, at 113. 167, note RIMK ! 15. PPROVED – B. (A M. G supra DDRESSED TO TO DDRESSED INAL at 46. at 114 81 (Boston, Issac Knapp 1838). Knapp Issac (Boston, 81

:A _F Throughout Throughout the 1830s, states across the nation passed Married Women faced an entire system of laws maintainingentireWomentheirlawsfacedan system ofsubju- Having made progress toward obtaining legal equality in the ARAH Id. Id. Id. J. Susan C. Del Pesco, Lind, Id. Id. S

181 182 183 185 186 187 180 184 OMAN OCIETY ULLIVAN M K Women’sProperty granted Acts, which married women the abilityto own property in their own name. War in 1865, twenty-nine states had passed their own versions of a New York passed a statute which provided that property acquired by acquired property that provided which statute a passed York New property. sole her remained marriage to prior woman a and interests could not be represented if they were not able to vote. vote. to able not were they if represented be not could interests and “almost developed were laws nation’s The realm. domestic the to gation entirely property.” their for over control the all of exclusive them depriving benefit by women, of oppress men, and with a design to W S 2020] 2020] T S denying denying women the right to char- vote, the effectively legal system acterized women as inferior to men. Access to voting provides an individual with the ability to engage in public discourse, and have influence upon the laws that will impact their lives. To To achieve equality within the law and society required reform in many areas, including property ownership and divorce. Without the ability to present their concerns in the political realm, i.e., without Throughout the nation’s history, the right to vote has been associated associated been has vote to right the history, nation’s the Throughout with recognition of personhood, and of citizenship. followed suit in passing similar laws to establish a woman’s ownership woman’s a establish to laws similar passing in suit followed of property separate from her husband. Married Woman’sProperty Act. realm of property ownership, the importance of seeking the right to to right the seeking of importance the ownership, property of realm vote grew more important to the Woman’s Suffrage Movement. political enfranchisement, women had no voice in the laws that would would that laws the in voice no had women enfranchisement, political recognition their to crucial was to vote right the Thus, them. affect C Y 42838-elo_13 Sheet No. 180 Side A 12/23/2020 10:41:31 A 12/23/2020 180 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 180 Side B 12/23/2020 10:41:31 M K , C Y 190 194 .13 UREAU OL B [V ENSUS ENSUS In re-writing these ,U.S.C 193 In addition, those present ., ., https://www.nps.gov/wori/learn/histo- 189 ERV S This Declaration of Sentiments ex- ARK P ) 12/21/20 6:54 PM 191 L ’ are created equal.” ELETE AT D 33. 33. – – ,N OT OT The Elon JournalLaw N O (D Notably, one of the first statements contained in the the in contained statements first the of one Notably, DOCX ). and women 192 note 21, at 232 21, note note 21, at 232 21, note At thisAt July 1848 convention, attendees300the adopted PPROVED Id. 188 (A supra supra INAL _F The Declaration of Sentiments sets forth the history of the male male the of history the forth sets Sentiments of Declaration The The The movement to obtain women’s suffrage began in earnest He has never permitted her to exercise her inalienable right to franchise. franchise. to right inalienable her exercise to her permitted never has He He has compelled her to submit to laws, in theformation whichof she See Signatures to the “Declaration of Sentiments” Three hundred individuals of both sexes attended the Seneca Falls Convention. One Ricci, See id. of Declaration Sentiments Id. Ricci, 191 189 192 193 188 190 194 ULLIVAN womenfrom accessing thesame rights of citizenship. States. United the in women upon tyranny”“absolute of establishment ments.html (last updated Aug. 27, 2019). 27, Aug. updated (last ments.html ryculture/declaration-of-sentiments.htm (last updated Feb. 26, 2015) (emphasis added). (emphasis 2015) 26, Feb. updated (last ryculture/declaration-of-sentiments.htm hundred hundred of women those present, and sixty-eight men, thirty-two signed the Declaration of Sentiments. Resolutions expressing their resentment of the treatment of womenunder the laws of the United States. https://www.census.gov/programs-surveys/sis/resources/historical-documents/declaration-senti- 356 S the beliefs and ensuing practices of male decision-makers in preventing preventing in decision-makers male of practices ensuing and beliefs the famous words, the convention’s attendees sought to demonstrate that to decla- failure the original the in demonstrative female inequal- the deep include produced had pronoun, male the including while ration, ities in the political and social reflects systems Independence of of Declaration the the in women to nation. paid attention The lack of For For example, it articulates the examples of male injustices exhibited women: toward adopted a “Declaration of Sentiments” mirroring Sentiments” of a “Declaration adopted the of language the Declaration of Independence. as full citizens, and not merely second-class citizens. Further, political political Further, citizens. second-class merely not and citizens, as full enfranchisement opened the door them. oppressed to had that which their system societal and ability legal patriarchal to dismantle the when the first women’s rights convention was held in Seneca Falls, York. New declaration reads as follows: “[w]e hold these truths to be self-evident; self-evident; be to truths these hold “[w]e follows: as reads declaration that all men pressed pressed the inadequacies of the original document, failure illustrating its to protect the rights and liberties of equalmeasure. all U.S. citizens with 42838-elo_13 Sheet No. 180 Side B 12/23/2020 10:41:31 B 12/23/2020 180 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 181 Side A 12/23/2020 10:41:31 199 197 357 This This 196 ., ., https://constitution- TR 05 (2020). – 198 OMAN .C W ONST C The The Nineteenth Amendment: The L ’ NOW 103, 103 AT EING A note 199. 199. note B the halls of legislation, he has has he legislation, of halls the AW ,N L both natives and foreigners. Having Having and foreigners. natives both ON – supra ) 12/21/20 6:54 PM , 33. , 11 C – ELETE D 195 Kimberly A. Hamlin, OT OT N O MPORTANCE OF See (D I 1. § guaranteed the right to vote for Black Americans Americans Black for vote to the right guaranteed note 21, at 232 21, note HE DOCX ). 35. 201 – The Post-Civil WarRights Women’s Movement ! However, because the amendment made no mention of supra PPROVED C. at 233 (A 202 . amend. XV, The The Fifteenth Amendment, passed by Congress in 1869 and Ricci, INAL

_F Utilizing the very rhetoric and principles espoused by the Found- the by espoused principles and rhetoric very the Utilizing Following the Civil War, Congress passed a series of amendments of series a passedCongress War, Civil the Following deprived her of this first right of a citizen, the elective franchise, thereby thereby franchise, elective the citizen, a of right first this of her deprived leaving her without representation in oppressed her on all sides. had no voice. He has withheld from her rights which are given to the men degraded and ignorant most ONST 200 See The Reconstruction Amendments Note that these amendments effectively applied to black men only, as women still Reconstruction The Amendments Id. See id. “The right of citizens of the United States to vote shall not be denied or abridged See See id.

C 199 195 198 201 196 197 202 200 ULLIVAN M K by the United States or by any State on account of U.S. race, color, or previous servitude.” did not have the right to votecitizenship that and men were. were not afforded the Amendment? Reconstruction Fourth same privileges of U.S. ratified ratified in 1870, 2020] 2020] T S ing Fathers in the days of the Republic, the Declaration of Sentiments of Declaration the Republic, the of days the in Fathers ing indicated the key argument of the women’s rightsmovement. by preventing discrimination on the basis of race, color, or previous color, on or the of previous race, basis discrimination by preventing servitude. equality for the recently freed African activists saw Americans, this as an women’s to opportunity establish female equality rightsas well. No longer were women content to operate within the domestic realm realm domestic the within operate to content women were longer No greater forward, point that From hadrelegated. been to which they which laws the challenge to effort visible made women of numbers world. political the into entrance their prevented Although these amendments were primarily intended to establish center.org/learn/educational-resources/historical-documents/the-reconstruction-amendments ples ples of equality under the thereafter.application their of law effectpractical the Independenceand contained in the Declaration of document articulated precisely the inconsistencies between the princi- the between inconsistencies the precisely articulated document to to the Constitution, known as the “Reconstruction Amendments.” (last visited Dec. visited (last 2020). 3, C Y 42838-elo_13 Sheet No. 181 Side A 12/23/2020 10:41:31 A 12/23/2020 181 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 181 Side B 12/23/2020 10:41:31 M K C Y 207 .13 The The OL In theIn 205 [V 203 As a result, the Ratherrelythan In the early 1870s, early the In 211 208 209 the women also disagreed disagreed also women the —

206 Susan B. Anthony Arrested for Voting 135 ) 12/21/20 6:54 PM 68. – 05. – ELETE Proponents of the New Departure argued argued Departure of New the Proponents D OT OT 210 The Elon JournalLaw N O (D (Nov. (Nov. 13, 2007), https://progressive.org/op-eds/susan-b.-anthony-ar- note 200, at 104. at 200, note In 1869, Representative George Julian proposed the proposedthe Julian1869,Representative George In Annie Laurie Gaylor, note 167, at 167 167, note DOCX ). note 200, at 104 at 200, note 204 supra supra PPROVED see also supra ROGRESSIVE ROGRESSIVE (A ; ,P Lind, Hamlin, INAL at 167.

212 _F Tensions Tensions rose within the ranks of the women’s rights activists, Id. Id. Id. See Id. Id. Hamlin, Id. See id. See 211 212 210 205 206 207 208 209 203 204 ULLIVAN as the “New as Departure.” “New the rested-voting-135-years-ago/. the the leaders of the known strategyNWSA new joined a with adopt Victoria to Woodhull, Minor Virginia Francis husband her and Minor, movement movement split, and women such as Elizabeth Susan Cady Stanton B. and Anthony formed the more radical wing, known as the Years Ago proposed amendment was critically important within the frame of the the of frame the within important critically was amendment proposed struggle for women’s suffrage, as it formed the backbone of what known otherwise Amendment, Nineteenth the become ultimately would Amendment. Anthony B. Susan the as late 1860s, in response to the passage of the Fifteenth Amendment, 358 S This was not the only point of contention of point only the not was This within control birth and religion, socialism, marriage, as such areas on the framework of the woman’s rights movement. amendment to amendment Congress, yet his proposal was not successful. sex, the right to vote was still beyond the reach of women. of reach the beyond still was vote to right the sex, that that “because women were citizens, women were already franchised Amendments.” Fifteenth and Fourteenth the under on men to grant them the right to vote, women began to take on the matter for themselves. To New Rochester, experiment in with elections 1872 this the in strategy, voted some NWSA the of members York, and fourteen women, including Susan B. Anthony, were ar- National Woman’s Suffrage Association (“NWSA”). Association Suffrage Woman’s National Elizabeth Cady Stanton drafted a proposed Amendment Sixteenth to Constitution. the discontent over their failure to persuade Congress to include women. following the ratificationinclude of the to Reconstruction Amendments, Congress due to persuade to failure their over discontent rested. 42838-elo_13 Sheet No. 181 Side B 12/23/2020 10:41:31 B 12/23/2020 181 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 182 Side A 12/23/2020 10:41:31 219 222 359 Anthony In the end, the In 214 223 She was charged 213 OMAN W This rationale mimicked 221 Consistent with the recently the recently Consistent with 217 EING A B the the court held that the right of , in which the Supreme Court held held Court Supreme the which in , 218 , ) 12/21/20 6:54 PM ELETE D OT OT N O , 24 F. Cas. at 831. MPORTANCE OF (D I HE DOCX ). 30. Further, Anthony argued that the New York law – Bradwell v. Illinois The court was unpersuaded by this argument, holding holding by The argument, this court unpersuaded was

215 PPROVED 224 216 ,24 F. Cas. at 830. at Cas. F. ,24 at 829 (A Slaughter-House Cases Thus, New York and other states were permitted to impose Thus, to New York and impose permitted states were other INAL at 829. at 830. at 833.

_F Susan B. Anthony was indicted in the U.S. District Court for the for Court District U.S. the in indicted was Anthony B. Susan The New Departure activists The did activists New not but Departure admit defeat, instead 220 See id. Id. Id. 83 36U.S. (1872). Anthony See id. Id. 83 U.S. 130, 142 (1872) (Bradley, J., concurring). See generally Anthony Id. United States v. Anthony, 24 F. Cas. 829, 829 (C.C.N.D.N.Y. 1873) (No. 14,459). Id. 215 216 217 218 219 221 213 214 222 223 220 224 ULLIVAN M K Anthony was found guilty and ordered to pay a fine of $100 and costs. court Western District of New York on May 31, 1870. with knowingly voting 1870. without31st, May of Act the having of section 19th the a of violation lawful right to vote in continued to attempt to vote in elections. Their goal was to take their their take to was goal Their elections. in vote to attempt to continued violated the Fourteenth Amendment by limiting the right to vote to to right vote the limiting by Amendment Fourteenth the violated men alone. citizens of the state are not protected by the Fourteenth Amendment. Fourteenth the by protected not are state the of citizens voting restrictions limiting the class of those eligible to vote based on on based vote to eligible those of class the limiting restrictions voting citizenship status, sex, age, and residence. 2020] 2020] T S argued that she did not violate the law, because she had she did that law, she argued right because the the not violate Fourteenth the of Clause Immunities and Privileges the under vote to Amendment. This same reasoning reigned supreme in Anthony’s case. Anthony’s in supreme reigned reasoning same This Because the court found that the right to vote was not a fundamental fundamental a not was vote to right the that found court the Because right, it did not receive the protections of the Fourteenth Amend- that “[t]he right of voting, or the privilege of voting, is a right or a a or right a is voting, of privilege the or voting, of right “[t]he that privilege arising under the of constitution the state, and not under the States.” United of the Constitution decided decided that found in in found that that Illinois could refuse to grant Myra Bradwell a license to practice practice to license a Bradwell Myra grant to refuse could Illinois that law based on her status as female, because the citizenship. rightnational of or immunity was not a privilege profession to pursue a ment. C Y 42838-elo_13 Sheet No. 182 Side A 12/23/2020 10:41:31 A 12/23/2020 182 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 182 Side B 12/23/2020 10:41:31 M K C Y 227 .13 OL [V

230 In furtherance of that 225 165 (1874). – In so holding, the Court precluded ) 12/21/20 6:54 PM 229 79. the the Constitution does not affirmatively – ELETE 228 D OT OT N The Elon JournalLaw O Minor’s efforts to achieve legal recognition of note 183, at 9. at 183, note Under this theory, granting women the right to to right the women granting theory, this Under (D

234 233 226 note 167, at 178 167, note DOCX ). supra supra PPROVED They They utilized their connection to the private sphere and at 178. (A To these women, the domestic sphere was more comfortable comfortable more was sphere domestic the To these women, 232 Del Pesco, Minor Happersett,162,v. 163 U.S. 88 Lind, INAL at 169. at 178. at 177. _F 231 The struggle to obtain the vote persisted, but victory remained The but to victory remained the struggle vote obtain persisted, Thus, women at this time returned to the Republican Motherhood Motherhood Republican the to returned time this at women Thus, See See See id. Id. Id. See Id. Id. See id. Id. 231 225 226 227 228 229 232 233 230 234 ULLIVAN women’s right to vote in the Constitution were also unsuccessful. cause. suffragists retained a fluidity, changing based on the response received received forty-eight another for response reach by beyond utilized the strategies The on years. based changing fluidity, a retained suffragists For example, advocates. male and of female the and viewpoints the following the Civil War, some suffragists returned to spheres the rhetoric separate as a means of gaining public support for their vote vote would not any as their from role require deviation wives and mothers, “but would allow them to better carry out these roles by supporting legislation that would increase civic virtues and protect hearth.” and home to to them. 360 S grant voting rights to rights anyone. grant voting objective,Virginia Minor attempted in toMissouriregister tovote in right the restricting on a law state based refused was she 1872, but to vote to males. ideology of the days of the Revolution as a means of furthering the the possibility of asserting that the Constitution, as amendment at understood amended that time, and constitutional granted women voting a rights. Once more, for Congress lobby to left were suffragists enfranchisement. political of goal their achieve to The The Supreme Court held that, although “women have always been cases to court when they were denied, hoping to ultimately obtain a a obtain ultimately to hoping denied, were they when court to cases as to vote right women’s recognizing Court Supreme by the decision protected by the Fourteenth Amendment. guiding influence guiding within influence the home to how demonstrate their vote asset. an be could citizens citizens the same as men,” 42838-elo_13 Sheet No. 182 Side B 12/23/2020 10:41:31 B 12/23/2020 182 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 183 Side A 12/23/2020 10:41:31 , AW 361 L led inled 235 Under the the Under OMEN OMEN AND 240 W (“NAWSA”), OMAN SSAYS ON W :E ISTORY H This served to diversify and EING A B 238 EGAL EGAL Exposure Exposure on the state and federal L ) 12/21/20 6:54 PM 239 During this time, the movement utilized movement the time, Duringthis Simultaneously, soughtbothto suffragists ELETE EMINIST EMINIST D 236 5, 5, 9 https://www.loc.gov/static/collections/women-of-pro- F 237 – OT OT 1 N in O , MPORTANCE OF (D I 84. – EMORY EMORY note 183, at 9. at 183, note HE DOCX ). .M Sisterhood of Struggle Leadership and Strategy in the Campaign for M at 183 supra :A PPROVED id. Tactics and Techniques of the National Woman’s Party Suffrage Campaign Suffrage Party Woman’s Nationalthe of Techniques and Tactics , , (A 20th Century Militancy in the Women’s Rights Movement the Women’s in Militancy 20th Century ! INAL

ONGRESS _F D. From 1913up to the ratification of the NineteenthAmendment, The Woman’s Suffrage Movement fractured once more prior to to prior more once fractured Movement Suffrage Woman’s The See, e.g. Del Pesco, Id. Id. e.g. See, Lynda Dodd, .C 235 236 237 238 239 240 IBR ULLIVAN M K part by Susan B. Anthony; and (2) the National Woman’s Party persuade and legislation, to suffrage enact woman’s state legislatures lobbied for a federal amendment. the the Nineteenth Amendment increase their chances of success, but it also publicized their efforts. cause, the awarenessof greaterpublic gaining toward worked Women and over time, public support. levelonly furthered their influence. leading suffragists in the Woman’s Suffrage Movement pursued a leadership of courageous women such as Alice Paul, within just seven just within Paul, Alice as such women courageous of leadership 189, 190 (Tracy A. Thomas & Tracey Jean Boisseau eds., 2011). 2020] 2020] T S the ratification of the Nineteenth Amendment. During the twentieth the During twentieth Amendment. the the of Nineteenth ratification thiscentury, The (1) groups: by two driven primarily was movement their goals. These women again used their place within the home to to home the within place their used again women These goals. their persuade others that their contributions to politics related to this with their agreed women all not course, Of men. influence to ability tactic. Indeed, this option had its own disadvantages. For one, the Republican Motherhood concept had beencentury, and it clearly had not this Second, served fruitful. merely in sphere, domestic place the to women forconnected that notion nearlythe perpetuated a in realm that of outside to venture ability their diminishing thereby future. the a “two-pronged approach.” “two-pronged a L test/images/tactics.pdf (last visited test/images/tactics.pdf Dec. 3, 2020) (providing examples of the tactics that awareness). raise public to used American Suffragettes (“NWP”), led by Alice Paul. Aliceby led (“NWP”), militant approach, inspired by the work of the Women’s Social and England. in Pankhurst by Emmeline led Union Political National American Woman’s Suffrage Association Suffrage Woman’s American National C Y 42838-elo_13 Sheet No. 183 Side A 12/23/2020 10:41:31 A 12/23/2020 183 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 183 Side B 12/23/2020 10:41:31 M K C Y 241 243 249 242 .13 OL 247 [V Paul Paul accom- 251 New York Times York New 53 (1987). With greater press cov- andthe NAWSA’s methods worked worked methods NAWSA’s Their Their so-called “passionate 250 A riot broke out just one EMINISM 245 248 F 252 ODERN ODERN M ) 12/21/20 6:54 PM ELETE D WashingtonPost OT OT The Elon JournalLaw N O ROUNDING OF OF ROUNDING The The (D G 253 HE DOCX The The CU’s strategy centered on obtaining a federal ). ,T note 240. 240. note 244 OTT 92. Incontrast, CU the inserted themselves into the equation. PPROVED – to obtain a federal amendment. a to federal obtain (A F. C supra 246 — INAL at 54. at 190 at 191. at 189. at 190. _F Paul and other militant activists sought to obtain public support support public obtain to sought activists militant other and Paul ANCY ANCY Id. Id. Id. Id. Dodd, Id. Id. Id. Id. Id. Id. Id. N

251 241 252 253 245 246 247 248 249 250 242 243 244 ULLIVAN withintheexisting patriarchal utilizingsystem, separate spheres ideol- political men’s influence to ability unique women’s of notions and ogy decisions. The CU’s approach challenged traditional viewpoints of women’s proper proper women’s of viewpoints traditional challenged approach CU’s The roles. Rather than “begging for the ballot,” women these “exercise[d] attention.” pay to government the forcing had, they power the politics” included staging parades, lobbing President Woodrow Wilson Wilson Woodrow President lobbing parades, staging included politics” and holding Congress, meetings, speaking tours, pickets, and more. plished just that with the 1913 Woman’s Suffrage Parade along Penn- along Parade Suffrage Woman’s 1913 the with that just plished sylvania Avenue in Washington, D.C. constitutional constitutional amendment, an approach that had not been pursued in Cady Stanton and Elizabeth days since of the B. Susan Anthony century. nineteenth the of half latter the 362 S objective Their Their goal was to flood the national press with awareness of their In 1913, the women’s movement was experiencing a stagnantperiod. aexperiencing movement women’swas the1913, In lobby- toward geared approach “educative,” or conservative, NAWSA’s movement. the in many to frustrating became level state the at ing In response, Alice Paul and other women formed the Congressional Union (“CU”). hour after the parade began, and the event was reported extensively extensively reported was event the and began, parade the after hour newspapers.the in through through “grand processions and rallies.” years, over 26 million women gained the right to vote in the U.S. erage, Paul hoped to inspire other suffragists,othergarnerinspiregreatertohopederage, public to Paul support, and to send a to message the White House. expressed admiration for the parade and the efforts of the women 42838-elo_13 Sheet No. 183 Side B 12/23/2020 10:41:31 B 12/23/2020 183 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 184 Side A 12/23/2020 10:41:31 S ’ 265 363 OMEN W L ’ While in Suffragists AT 261 ,N 259 By consistently President Wilson Wilson President 258 263 OMAN Paul and other suffra- other and Paul W See OurStory 255

264 note 240, at 196. at 240, note picketed picketed the White House in EING A B 256 supra ) 12/21/20 6:54 PM The negative press coverage that Presi- that coverage press negative The ELETE 254 D 262 They sought to highlight the hypocrisy of of hypocrisy the highlight to sought They The The suffragists were by unpersuaded these OT OT N 257 O 260 MPORTANCE OF (D I note 183, at 9. at 183, note note 183, at 9; Dodd, Dodd, at 9; 183, note HE DOCX ). note 240, at 196. at 240, note 97. supra supra PPROVED – (A supra INAL at 197. at 196 at 197. _F The Susan B. Anthony Bill passed both houses of Congress on Their Their efforts grew more forceful during World War I. The ,https://www.nationalwomansparty.org/our-story (last visited Dec.3, 2020). Dec.3, visited (last ,https://www.nationalwomansparty.org/our-story Dodd, Id. Id. Id. Id. Del Pesco, Id. Id. see process, amendment formal the on U.S. the information of more For Five Article Id. Del Pesco, In 1916, the Congressional Union formed the Woman’s Party, and in 1917 the two 261 257 258 259 262 263 265 255 256 260 264 254 ARTY ULLIVAN M K prison, suffragists prison, engaged suffragists in hunger strikes as a means of protest, force-fed. cruelly were and gists, gists, now organized as the NWP, Constitution: Constitution: organizations merged to form the National Woman’s Party.Woman’sNational the form toorganizations merged dent Wilson received when the newspapers reported the treatment of of treatment the reported newspapers the when received Wilson dent provid- ultimately stance, his change to him led custody in suffragists amendment. suffrage woman’s a for support his ing June 4, 1919, and after ratification by three-fourths of the states, protest of this injustice. this of protest threats, and indeed they went to prison for their actions. their for prison to went they indeed and threats, P 2020] 2020] T S were warned by the D.C. police that if they continued such tactics they would be jailed. suffragists became incensed with the President for refusing to support support to refusing for President the with incensed became suffragists their cause during his first term in office, women’s integral support the especially of wareffort. in light of who organized the event, yet also criticized the D.C. police for their “fail[ure] to maintain order.” grounded his support in the idea that, because women had shared in in shared had women because that, idea the in support his grounded to able be should they the war, of hardships and struggle the same democracy. of privileges same theenjoy President Wilson’s support of the fight for democracy abroad whilst abroad whilst of support democracy the fight for Wilson’s President U.S. the in women of rights democratic the ignoring picketing the White House, the ultimate goal of the NWP forcewas President to Wilson to focus on woman’s suffrage. C Y 42838-elo_13 Sheet No. 184 Side A 12/23/2020 10:41:31 A 12/23/2020 184 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 184 Side B 12/23/2020 10:41:31 M K , C Y .13 OL OMMERCE [V C T OFT ’ 50, 9 (1961)). – EP With so many 268 ,U.S.D ENSUS C 1957 9 ser. A34 willing to picket the White thepicket to willing — IMES TO T UREAU OF 267 ) 12/21/20 6:54 PM OLONIAL ELETE D U.S.: C OT OT N The Elon JournalLaw O (D Finally, over 100nationover Finally,the after years founded, was note 183, at 9. 9. at 183, note DOCX ). 266 note 240, at 200. at 240, note note 167, at 106 (citing U.S. (citing 106 at 167, note B supra PPROVED TATISTICSOF THE (A S supra supra . art. V. INAL _F Women still faced inequities in a multitude of areas, including To To ultimately accomplish this goal, in the twentieth century, as as the one or the Congress; Provided other that Mode no Amendment of which may Ratification be may made be prior to the proposed Year by One thousand the eight hundred and eight shall in any Manneraffect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, be its without of Consent, shall deprived inits equal the Suffrage Senate. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposingAmendments, which, eitherin Case, shallIntentsvalidallto be and thereof, fourths Purposes,three in as Conventions Part by of or this States, Constitution, several when the ratified of by fourths the three Legislatures of ONST Del Pesco, Lind, Dodd, C 266 267 268 ISTORICAL ULLIVAN protective labor legislation, birth control and reproductive rights, and and rights, reproductive and control birth legislation, labor protective voting accessibility for African American women. U.S. their struggle for equality. equality. for struggle their suffragists fought against the separate spheres ideal. They broke with broke They ideal. spheres separate the against fought suffragists domestic the from emerged they First, ways. of number a women in that tradition only not showed strategy This public. the into and sphere determined were they that but politics, in participating of capable were to find a way to do so, even at risk the own of health their and safety. Second, these women challenged the perception that women were inherently apolitical, leadersdelicate, political soft-spoken, and and public subordinate.the showedThe movement the of wing militant determined and strong were women that House, to go to jail, to engage inend not did vote hunger to right the strikesobtaining However, andgoal. their achieve more, all to H 364 S persons of each sex could have a voice in politics. The right to vote vote to right The politics. in voice a have could sex each of persons their make to which by avenue and representation the women gave Movement Suffrage Woman’s The change. affect and known concerns the Nineteenth Amendment became part of the U.S. Constitution on part became the of U.S. the Constitution Amendment Nineteenth 1920. 26, August was a long and difficult struggle, “result[ing] yet in the a enfranchisement remarkableof more persons achievement, than any lawreform in American otherhistory.” 42838-elo_13 Sheet No. 184 Side B 12/23/2020 10:41:31 B 12/23/2020 184 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 185 Side A 12/23/2020 10:41:31 365 in politics, — OMAN W highlight some of the same same the of some highlight While the wage gap between gap wage the While — EING A 273 B NOW (2017). 29 23, In 1921, Paul introduced the Equal Equal the introducedPaul1921, In AW L 269 ) 12/21/20 6:54 PM ON .947, 951 (2002). 951 .947, 11. – ELETE EV , 9 C D ,ERA, http://www.equalrightsamendment.org/faqs (last (last http://www.equalrightsamendment.org/faqs ,ERA, OT OT N .L.R O in Congress, but the legislation failed to ever The The issues that women face today MPORTANCE OF (D I ARV H 270 272 note 183, at 10 183, note HE DOCX ). She the People: The Nineteenth Amendment, Sex Equality, Federal- The of Current Status Politics in U.S. Women , 115 The history of the Woman’s Suffrage Movement illus- Movement Suffrage Woman’s the of history The The Constitution of Mothers: Gender EqualitySocialMothers:andGenderReproductionConstitution of The ! 200. supra 271 PPROVED E. – (A INAL at 199 _F Although100some yearspassedwomenobtainedhavesincethe Section 2: Congress and the severalby appropriate States legislation, shallthe provisions haveof this thearticle. power to enforce, Section 3: This amendment shall ratification. take effect two years after the date of Section 1: Women shall have equal placesubject rightsto its jurisdiction. inEquality of rights theunder the law shall not Unitedbe States and denied or abridgedevery by the United States or by any State accounton of sex. Del Pesco, RevaB. Siegel, Suk, C. Julie Id. alteredbeen has Congress. theto introducedsinceitwordingThe ERA of first was 271 272 273 269 270 ULLIVAN M K vote, vote, they still had to tackle an entire system of laws them which in held a position of inferiority. As the past demonstrates, “equal citizenship for women [means] freedom from subordination in or within the family.” Americansystem.legal Evenwhen grantedwomen were theright to Its current iteration reads as follows:Its iterationcurrent reads trates trates the pervasive nature of sex-based discrimination within the areas areas to tackle, the Woman’s Suffrage Movement splintered due to sex. of regardless law the under receive receive the ratification of thirty-eight states necessary in order to law. become See Frequently Asked Questions ism, and the Family the and ism, the World and States United the in Rights Amendment 2020] 2020] T S in wagein violencedomestic inequality,in Republic. the of days first the since persisted have that themes presents itself in contemporary society “by way of women’s economic economic women’s of way “by society contemporary in itself interventions presents the despite underrepresentation, political and disadvantage Americanof discriminationsex constitutionallaw in EqualProtection statutes.” rights civil and jurisprudence right to vote, American society remains tied to the notion that women women that notion the American to vote, tied to remains right society sexes the between Inequality area. political the to suited best not are debates over where to focus their attentions first. Alice Paul and the the and Paul Alice first. attentions their focus to where over debates equality guarantee to NWPamendment federal single a for advocated visited Dec. 3, 2020). C Y 42838-elo_13 Sheet No. 185 Side A 12/23/2020 10:41:31 A 12/23/2020 185 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 185 Side B 12/23/2020 10:41:31 M K C Y .13 OL [V Regardless of 275 At theAtsame time, male 277 On the other hand, women 279 (Mar. 8, 2019), https://www.politico.com/mag- 2019), 8, (Mar. ) 12/21/20 6:54 PM , https://www.politicalparity.org/research/research-in- OLITICO ELETE ,P D ARITY OT OT

The Elon JournalLaw N .P note 11. 11. note at 2. 11, note O 276 OL (D ,P 274 ]. DOCX supra supra ). note 15. 15. note , , PPROVED In America,In itapparentthatvotersissever unableto are supra (A 278 INAL

_F Determining the reason for this inequality is not overly complex: overly not is inequality this for reason the Determining Society remains tied to the idea that the central and most Research Research Inventory Id. What Are the Biggest Problems Women Face Today?: Eleven Female Lawmakers, Family Modern Mihalek, Family Modern 275 276 277 278 279 274 ULLIVAN who are not mothers face potential criticism from those who opine of political office than men. Women men are whereas noted for oriented” are community [and] collaborative, characterized as “caring, their strong, [and] “power-seeking, nature. combative” women are underrepresented politically because of the persistence of The stereotyping. sex-based of terms in doctrine spheres the separate Americanpublic views women asless capable fulfillingof theduties ventory/ (last visited Dec. 3, 2020). azine/story/2019/03/08/women-biggest-problems-international-womens-day-225698 azine/story/2019/03/08/women-biggest-problems-international-womens-day-225698 [hereinafter ability to simultaneously hold political office and care office of take their hold political to ability simultaneously children. Journalists,and Scholars Weigh In considerations of motherhood and femininity when judging a political political a judging when femininity and motherhood of considerations are ques- mothers are who Women to serve. competency candidate’s tioned about the impact of running for office upon their children, obligations family their balance to able be will they how about and alongside their duties to constituents. 366 S men and women presents a significant barrier to sex equality, so too too so equality, sex to barrier significant a presents women and men does the disparity in political representation. The U.S. the within women of to the number with respect globe the around ranks 94th legislature. national a woman’s political experience or intellectual accomplishments, the notion persists than she is less and qualified than capable that of counterparts. male her critically important role important critically for women is to serve as mothers. Despite the fact that both men and women are parents to children, voters tend to “question how women can serve and constituents take care time.” same the at responsibilitiesfamily of candidates candidates who are fathers are generally not questioned on their Problems Women Face 42838-elo_13 Sheet No. 185 Side B 12/23/2020 10:41:31 B 12/23/2020 185 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 186 Side A 12/23/2020 10:41:31 , 284 367 The The Hillary Hillary 281 (Apr. 3, 2015, 2015, 3, (Apr. IME ,T OMAN W EING A B The logical inference from such published an article which proposed ) 12/21/20 6:54 PM 285 ELETE article is problematic for multiple reasons, reasons, multiple for problematic is article D OT OT N O MPORTANCE OF (D I Further, the article suggested that women are https://www.kbzk.com/cnn-national/2018/10/07/hillary-clinton-fast- Rather than finding Clinton duly qualified for Martie Haselton: ‘Hormones Don’t Make Us Crazy Don’t Make ‘Hormones or Irrational’ Haselton: Martie HE DOCX 282 283 ). Hillary Clinton Is the Perfect Age to Be Be President to Age the Perfect Is Clinton Hillary New New York Times ,KBZK, 280 PPROVED (A New York Times York New (Mar. 11, 2018, 6:00 AM), https://www.theguardian.com/science/2018/mar/11/mertie- AM), 6:00 2018, 11, (Mar. Nicola Davis, Nicola Davis, INAL _F The The mere fact that women are of childbearing age impacts the the impacts age childbearing of are women that fact mere The Id. Id. HillaryClintonhas heldmany positions powerpolitics.ofinU.S. Sometheof offices See Id. Julie Holland, 281 282 283 285 284 280 UARDIAN ULLIVAN M K haselton-hormonal-interview-evolutionary-scientist-biology-women-hormones. that that such persons are unable to understand the concerns of voters withfamilies. 12:37 PM), https://time.com/3763552/hillary-clinton-age-president/. G better equipped to handle the immense stress of Presidential office at at office Presidential of stress immense the handle to equipped better this stage of life, as women post-menopausal experience a drop in estrogen levels and are better able to focus on raising mattersa family. outside of Clinton has held include: former First Lady of the U.S., Secretary of State addition,InAdministration,Senator. Obama under theClinton wasfirst womanU.S. andin U.S. the history to be nominated for president by a major political party. CNN Facts News, Fast Clinton office based on her impressive list of accomplishments in U.S. politics, U.S. in accomplishments of list impressive her on based office 2020] 2020] T S the article suggests that Clinton’s decreased hormone levels and levels lack hormone decreased that Clinton’s suggests the article of child-rearing obligations are the characteristics that closely she more once made words, other In her President. for candidate good a resembled a man, the public found it easier leader. to political potential accept her as a way voters perceive them. During Hillary Clinton’s 2016 Presidential the campaign, that, at 67, Clinton was the “perfect age to be President.” facts/ (last updated Oct. 7, 2018, 9:56 AM). AM). 9:56 2018, (last 7, Oct. facts/ updated the first being that it suggests that women are not capable of holding holding of capable not are women that suggests it that being first the political office while handling the hormones demands women’s of that a proposes family. article However, the that is troublesome as just negatively impact their cognitive functioning. In other words, this and and childrearing. argument was that Clinton was a, “woman of a certain age” and as as and age” a certain of “woman a, was Clinton that was argument motherhood of demands the with burdened longer no was she such, rationale reinforces the stereotype of the “hormonal woman,” suggesting suggesting woman,” “hormonal the of stereotype the reinforces rationale that women are more prone to make heightened erratic levels decisions of based emotion. on C Y 42838-elo_13 Sheet No. 186 Side A 12/23/2020 10:41:31 A 12/23/2020 186 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 186 Side B 12/23/2020 10:41:31 M K C Y 290 .13 OL ,CNN, [V all all male — Testosterone Testosterone “is discussion discussion of his 289 However, voters do — Other examplesOtherinclude 292 291 article discussed above was , https://www.history.com/this-day-in-his-

,MD, http://www.naturalmood.com/about.html http://www.naturalmood.com/about.html ,MD, 288 ISTORY note 281. 281. note Not only are these ideas sexist and ) 12/21/20 6:54 PM OLLAND ,H H ELETE 287 supra D OT OT ULIE The Elon JournalLaw N ,J New York Times O (D DOCX ). Hillary Clinton and the Clueless Hormone Argument note 287. 287. note note 285. note PPROVED supra Further, Cheryl Rios, a female businesswoman in Texas, (A supra INAL 286 _F Men experience hormone fluctuations as well. As part of their Both men and women are guilty of perpetuating this stereotype. stereotype. this perpetuating of guilty are women and men Both See AboutDr.Holland Mel Robbins, Id. Davis, Id. President Clinton Impeached Robbins, 291 286 287 288 289 292 290 ULLIVAN https://www.cnn.com/2015/04/20/opinions/robbins-hillary-clinton/index.html https://www.cnn.com/2015/04/20/opinions/robbins-hillary-clinton/index.html (last updated Apr. 21, 2015, 11:36 AM). Arnold Schwarzenegger, Mark Sanford, and John Edward politicians whose affairs made national news. not question male candidates about the impact of hormones on their their on hormones of impact the about candidates male question not de- Bush’s W. George U.S. President former Consider decision-making. cision to, “wage[] an unnecessary war the efficacy in about debates in up come to Iraq” appear not did hormones (last visited Dec. visited (last Holland, 2020); 3, associated associated with increased aggression, more impulsive decision-making and some other things that can get you into a lot of trouble.” 368 S start start an unnecessary war.” argued during the 2016 election cycle that Hillary Clinton “shouldn’t “shouldn’t Clinton that Hillary cycle 2016 the election during argued she’ll irrational so her make might hormones her because president be one notable example, as the second President in U.S. history then hiswith to affair hissurrounding scandal be the following impeached Lewinsky. Monica intern, twenty-one-year-old Indeed, there are numerous examples of male Presidents and politicians politicians and Presidents male of examples numerous are there Indeed, who have gotten into trouble due to their hormones. Bill Clinton is meritless, they are not supported by science. Studies have shown that that shown have Studies science. by supported not are they meritless, super- taketo likely less leadershipare of holdpositions whowomen leaders.fluous are male risksthan daily hormone cycle, male testosterone levels peak in the early morning morning early the in peak levels hormonetestosterone daily male cycle, hours, and then decrease as the day goes on. thinking thinking is that women cannot remain sufficiently calm, restrained, and to competent a undertake political role wherein their decisions impactthe lives U.S.of citizens. The author of the female. tory/president-clinton-impeached (last updated Jan. 31, 2020). 31, Jan. updated (last tory/president-clinton-impeached 42838-elo_13 Sheet No. 186 Side B 12/23/2020 10:41:31 B 12/23/2020 186 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 187 Side A 12/23/2020 10:41:31 , 296 369 OLITICS P 26 (2017), OF . ]. . 1 https://sta- 1 . such a trait trait a such Thus, Thus, it is ES NST I R 297 ONGRESS Y 294 ’ OL P S ’ U.S. C AGLETON OMAN ,E W OMEN W OLITICS FOR . &P EING A OMEN OMEN IN THE NST B Status of Women in the States ,I OMEN OMEN :W .W ) 12/21/20 6:54 PM M A ATTERS ELETE M D FOR OT OT . N TR O 29. This illustrates that women who seek to partic- to seek who women that illustrates This MPORTANCE OF (D – I ., C 293 HE DOCX ). EPRESENTATION EPRESENTATION at 24, 26 at 24, ., R PPROVED id. , ITTMAR ET AL ET ITTMAR (A D NIV Because female Congresswomen are result-oriented, it follows U INAL _F When women are elected to political office, they diversify and The presence of women in political office is beneficial for other other for beneficial is office political in women of presence The ELLY ELLY 295 Id. 2015 intheStates: Womenof Status The Id. See, e.g. K

293 295 296 297 294 UTGERS ULLIVAN M K of thatof judgement. to to a 2012 Pew Research Center poll, “women concern express about issues such as education, healthcare, birth control, abortion, the envi- ronment, and Medicare at higher rates than men.” ipate in political office are However, what most heldof the public fail torealize is that womenare to higher ways. many in system standards political our to beneficial than actually men. debates, legal in enrich our democraticparticipating system. Women bring differentwhen ideas, opinions, decision-making their to values and According policy. public shaping and legislation, enacting and creating isimmenseof importance to the nation, so now than more ever. that they are “more likely than men to work in a bipartisan fashion.” bipartisan a in work to men than likely “more are they that tusofwomendata.org/wp-content/uploads/2015/09/PDF-of-final-Political-Participation-Chapter-9- cannot participate equally in decision-making. decision-making. in equally participate cannot reasons as well. For one, research from the Center for Women and American Politics indicates that women are motivated to run for office based on “public policy concerns [rather] than personal ambi- tion.” critically important that women participate in the political process by by process political the in participate women that important critically are citizens all of concerns the that so office for running and voting can nation the of structure political and legal The heard. adequately only U.S. benefit the from the of insightpart of women, substantial especially considering numerically that and integral an up make they populace. It is only logical that the voices represented in of equal part women to their rings should presence in democracy” be the nation. “representative Without phrase the politics, U.S. in input their hollow. A democracy does not function as such when all citizens https://cawp.rutgers.edu/sites/default/files/resources/representationmatters.pdf. R 2020] 2020] T S Given the increasing polarization of the political system, political the of polarization increasing the Given 4-15.pdf (last visited Dec. 3, 2020) [hereinafter C Y 42838-elo_13 Sheet No. 187 Side A 12/23/2020 10:41:31 A 12/23/2020 187 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 187 Side B 12/23/2020 10:41:31 M K C Y .13 OL [V (Jan. (Jan. 5, 2019, HINK that that a woman’s :T — EWS N Biological sex is only one one only is sex Biological ,NBC 298 note 294. 294. note Women makeup only 23.6% of the Successful women are anathema to ) 12/21/20 6:54 PM 301 299 supra note 276. 276. note ELETE , D OT OT note 6. note Elizabeth Warren, Hillary Clinton and the Sexist Hypocrisy Sexist the and Clinton Hillary Warren, Elizabeth N The Elon JournalLaw Similar to the days of the Republic, Americans Republic, the of days the to Similar supra O , (D 302 supra , DOCX ). In part, this is because society is not comfortable with PPROVED , Ashton Pittman,Ashton , (A 300 Despite this success, total equality has yet to be achieved,Despitesuccess,this andbe equality tototalyet has INAL at 18, 20. at 18, _F Further, womenbring their unique own perspective to a whole However, today women are “underrepresented in governments 303 Id. Status of Women in the States NumbersCurrent See,e.g. Another reason for this is economic. Men do not want to have to compete with Problems Women Face 301 298 299 302 303 300 ULLIVAN pocrisy-likability-media-narrative-here-ncna955021. women in positions of power. the long-standing sex-based stereotypes so deeply rooted in our nation’s nation’s our in rooted deeply so stereotypes sex-based long-standing the tradition. and history of the ‘Likability’ Media Narrative. Here Go We Narrative. of Media the ‘Likability’ Again alone. gender the for reserved been long so for had which positions for women 5:07 AM), https://www.nbcnews.com/think/opinion/elizabeth-warren-hillary-clinton-sexist-hy- 370 S patriarchal traditions remain in place. place. in remain traditions patriarchal U.S. Congress, 28.9% of the statewide executive, and 29.3% of the state state the of 29.3% and executive, statewide the of 28.9% Congress, U.S. legislature. proper role is within the home, that they are too emotional, and that that and emotional, too are they that home, the within is role proper capacity intellectual and of character the strength have they do not of men. Indeed, women have made environment great nationwide. strides In 2020, in 100 the political years the after Nineteenth the ratification Amendment, a of record number of women than be- ever Congresswomen ran and are female there more President, for fore. do not view women as properly suited to political office. The same same The office. to suited political do as women properly not view kinds of arguments supporting this concept persist range of issues, not only “women’s issues.” “women’s only not issues, of range across across the nation and face that barriers often it make for difficult them to exercise political power and assume positions of leadership sphere.” public the in positions aspect aspect of a person. Women bring other aspects dy- family of location, geographical their Race, religion, their decision-making. lives into how women namic, not also react and influence to other characteristics society, our of parts integral are Women issue. political given any just as wives and mothers, but representation as in U.S. politics citizens. is As critical such, to female democracy. American of diversity ensuring the strength and 42838-elo_13 Sheet No. 187 Side B 12/23/2020 10:41:31 B 12/23/2020 187 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 188 Side A 12/23/2020 10:41:31 307 371 OCIETY S Thus, Thus, to these 308 MERICAN A OMAN W ATIVE N EING A merely merely engaged in activities of B 33. – ) 12/21/20 6:54 PM OLITICS IN ELETE D P OT OT N O MPORTANCE OF (D I note 19, at 1024, 1028 at 1024, 19, note Matrilineal Societies in Early America ! HE

DOCX ). OMEN AND A. 305 supra The women of these societies were responsible for the for the responsible were societies these of The women W 31. Indeed, the colonists began a “legacy of . . . sexism – PPROVED 306 (A 304 ! INAL at 1021. at 1030. at 1030

V. _F In contrast, in many of the Native American societies the colo- A marked difference exists between the socio-economic and socio- andsocio-economic the betweenexists difference marked A 309 Whites have utilized the stereotype of the lazy Indian male for many purposes, many for male Indianlazy the of stereotypethe utilized have Whites but it perspective has their From primarily . . . servedcommunities. tribal to American North explain many in labor the traditional gendered division of tribes Indian American many in life understood generally whites outsiders, as warfare and fishing in hunting, of men engaging primarily to be comprised subsistence agricultural and household the children, the controlling women and production. To whites, what stood out in this stereotype of American Indian tribalism was the degree of control Indian women to seemed over exercise tribal agriculture. crop Williams, Jr., Id. Id. Id. Id. This idea demonstrates how the concept of the “lazy Indian” became popular in at 1030. 305 306 307 308 309 304 ULLIVAN M K Id. American culture: American culture: [which] engendered and sustained a system of privileges in our society our privilegesin of system a sustainedand engendered [which] which accepts white, heterosexual male superiority as a basic norm [civilization].”of Americas a patriarchalAmericasconceptionsahowstrictsystem dominated by of men and should behave, women and how each sex fits society into politically. political organization of Native American society and that of colonists colonists of that and society American Native of organization political regions various in settled who colonists The Americas. the in settling of what is now known as the United States to the encounteredthem with brought Colonists a themselves. from people much different colonists, colonists, Indian culture was an erroneous anomaly. Women were doing all of the “work” while men sport. nists observed, men were responsible for hunting, fishing, and engaging engaging and fishing, hunting, for responsible were men observed, nists in warfare. 2020] 2020] T S colonists, colonists, hunting, fishing, and war were all considered whereas a agricultural “sport” labor was considered “work.” Under Under the structure brought patriarchal to the New World by the care care of the children, the household, and agricultural production. C Y 42838-elo_13 Sheet No. 188 Side A 12/23/2020 10:41:31 A 12/23/2020 188 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 188 Side B 12/23/2020 10:41:31 M K

. 1 M C Y 313 316 314 .13 in The The , OL 317 , 72 A [V Women inWomen 311 Along with the 318 This meant that clan clan that meant This 320 . 403, 406 (2010). Both women and men were were men and women Both EV 315 .R IST H 1, 1 (Sarah Wilkerson Freeman et al. eds., 2009). eds., al. WilkersonFreeman(Sarah et 1 1, ) 12/21/20 6:54 PM IMES Other examples of the decision-making T , 87 N.C. ELETE D 312 OT OT The Elon JournalLaw N Northern Iroquoian Sociopolitical Organization O IVES AND IVES (D “I Look on You… As My Children”: Persistence and Change inChange and Persistence MyChildren”: As You… Lookon “I L Nan-ye-hi (Nancy Ward) (c. 1730s–1824): Diplomatic Mother DOCX ). HEIR Cherokee society was matrilineal. was society Cherokee :T 90, 90 (1970). 34. – PPROVED 319 3, 8. 3, (A OMEN – For example, Native American women “selected and could W Elisabeth Tooker, INAL at 3. at 1033 at 1034. 310

_F . at 2 In the eastern woodlands of what is now the United States, More pertinent to the discussion of this Note, however, is the Id. Cumfer, Cynthia Id Id. Id. Id. See Katy Simpson Smith, Id. Id. Id. 311 315 316 317 318 319 312 313 314 310 320 NTHROPOLOGIST ENNESSEE ENNESSEE ULLIVAN T participants in these councils, through a system of shared governance. shared of system a through councils, these in participants Cherokee Motherhood, Cherokee 1750–1835 372 S A IroquoisConfederacy andthe Huron tribes thepresent-dayof north- U.S.,eastern affairs through marriage, adoption, and authority in decision making.” decision in Native American authority women and “had an adoption, important marriage, voice in through international affairs representatives from each of their seven clans, and headed by “[t]he by headed “[t]he and clans, seven their of each from representatives Beloved Woman, the most prominent woman in the nation.” For example, in the regions of Carolina, present-day and North eastern Carolina, Tennessee, South councils. through late governed was society eighteenth century Cherokee female of consisting Council,” “Woman’s a had typically Cherokees The difference in the political structure of many Native American societies societies American Native many of structure political the in difference in terms of the dynamic between men and women. In contrast to the patriarchal political structure of non-Natives, in American many Native societies, women held power. a significant degree of political and product distribution. these tribes typically “owned substantial property interests” such as the the as such interests” property substantial “owned typically tribes these production agricultural over control exclusive held and home, marital remove the male chiefs as political leaders of the tribe.” the of leaders political as chiefs male the remove Women’s Council could override decisions to normally reserved go for the to male war, tribe members. an area authority authority held by Native American women include the ability tribe. the of members name andto to initiatefrom withdraw war, or 42838-elo_13 Sheet No. 188 Side B 12/23/2020 10:41:31 B 12/23/2020 188 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 189 Side A 12/23/2020 10:41:31 373 Women 323 Instead, when a a when Instead, The clan mother mother clan The Further, although 326 328 324 OMAN This This can be explained W Whena child was born, 333 321 Whenthis occurred, chiefthe EING A

B 331 322 ) 12/21/20 6:54 PM Clan mothers also held the authority authority the held also mothers Clan 330 ELETE D OT OT N O MPORTANCE OF (D I note 19, at 1040. 19, note note 19, at 1039. at 1039. 19, note HE DOCX ). 332 Thereafter, the other chiefs other the Thereafter, either would tribe the of note 319, at 93. 319, note Accordingly,chiefacould notpass titlehis on to his supra supra 329 325 PPROVED (A supra normally the eldest woman in the clan. the in woman eldest the normally 327 INAL at 1040. 95. at 93, at 407.

_F The political of organization these matrilineal Native American Such matrilineal societies granted women greater control in the Id. Id. Id. Id. Tooker, Id. Id. Williams, Jr., Id. Id. Id. Williams, Jr., Id. 331 321 325 326 327 328 329 332 333 322 323 324 330 ULLIVAN M K regardless regardless of their sex, they would be a member of their mother’s clan. father’s their than rather clan, in part by the spiritual beliefs held by Native American For Nativesocieties. by held beliefs spiritual the bypart in the the clan mother would remove the chief’s headdress, made of the deer. a of horns would be impeached or “dehorned,” through a ceremony in which societies societies reflects “a system of gendered checks and balances” that strove to ensure “that women’s voices could always be heard and respected in on all issues of tribal policy.” clan’s clan’s chief died, his title and position reverted back to mother, the clan males traditionally held the position of chief, “the chieftainships were were chieftainships“the chief, position of the heldtraditionally males the by controlled were thus and clans” individual the of property the mother. clan typically consulted with other women in the clan before nominating nominating before clan in the women with other consulted typically successor. his 2020] 2020] T cultural and of political organization their tribes. Iroquois law, for example, mandated male.” the of that exclusion the to all line clan female “titles,the through rights and property descended S accept or reject her decision. her reject or accept son, as his son would belong to his mother’s clan. mother’s his to belong would son his as son, affiliation was determined by the mother. the by determined was affiliation authority authority to name chiefs on the tribal council. possessed possessed the power to name clan members, which included the to remove a chief from his position. his from chief a remove to C Y 42838-elo_13 Sheet No. 189 Side A 12/23/2020 10:41:31 A 12/23/2020 189 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 189 Side B 12/23/2020 10:41:31 M K

C Y 339 336 .13 OL Id. [V 11, 11 (Marjorie There, There, they IMES T 342 Members of each each of Members a diplomatic role a role diplomatic — 338 “one of the South’s IVES AND 341 L Men and women did not 335 HEIR In Cherokee society, although although society, Cherokee In :T 340 OMEN W ) 12/21/20 6:54 PM ELETE D AROLINA OT OT C N The Elon JournalLaw O Thus, to counteract these opposing forces they (D note 19, at 1039. 19, note OUTH as evidenced by their division of authority between between authority of division their by evidenced as 334 The Lady PoliticalGenderandCofitachequi:AmongThe of Na- Power DOCX 2S ). 337 note 314, at 2. 314, note supra in 41. , – PPROVED supra (A INAL at 1040 at 1042.

_F Native American societies did not believe in “formal equalities Women’s contributions to the political structure were considerable, were structure political the to contributions Women’s Id. Id. Williams, Jr., Id. Id. Id. Snyder, Christina Id. Cumfer, Cumfer, 341 336 337 338 339 335 342 334 340 ULLIVAN strove for balance in all aspects of life. of aspects in all balance for strove between between the sexes as a principle of political or social organization tribe,” the within tiveSoutherners wealthiest and most storied Native Chiefdoms.” 374 S women and men in areas such as war, agricultural production, and nomination of political leaders. However, the of contributions each sex were considered of great importance. Men hunted, fished, and engaged in warfare agricultural to controlling protect to theaddition in tribe, community and the women within heldauthority primary members. tribe among distribution and production given that they typically served given as that served they typically “peacemakers” engaging than rather tribe the of good the furthering toward geared in animositybetween tribes or clans. This meant that women were regarded with great esteem due to the the to due esteem great with regarded were women that meant This endure. clans and tribes their helped they which in areas myriadof dominate over one another, but rather “complemented each other.” each “complemented rather but another, one over dominate example, the Cherokees believed that the universe was composedand humans, and of animals peace, and war “between forces competing men and women.” sex sex were valued for what they did to help the tribe. Indeed, the Iroquois “valued highly theactions of individuals done for others.” Julian Spruill et al. eds., 2009). Thetown of Cofitachequi, “lay at the confluence Pineof Tree Creek theand Wateree River, near present-day Camden, South Carolina.” men typically held the position of chief, in some notable instances, women held such roles. For example, when conquistador Hernando Soto De ventured to the New World in May 1540, he and his army happened upon the town of Cofitachequi, 42838-elo_13 Sheet No. 189 Side B 12/23/2020 10:41:31 B 12/23/2020 189 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 190 Side A 12/23/2020 10:41:31 S – ’ 375 This ATIVE at 14 OMEN W 343 ,N Id. L ’ AT For example, , N , 346 OMAN W EING A B Furthermore, in January 2009, 131 WilmaMankiller (1945–2010) 347 ) 12/21/20 6:54 PM

ELETE D 348 OT OT RayTyler, N O Indeed, “evidence suggests that women chiefs MPORTANCE OF (D I 2020). note 19, at 1034. 19, note

344 HE 345 DOCX see also ). Native Women Move to the Front of Tribal Leadership supra PPROVED ,https://www.womenshistory.org/education-resources/biographies/wilma-man- at 1036; 1036; at (A , http://cojmc.unl.edu/nativedaughters/leaders/native-women-move-to-the-front-of-, Women in Native American vs. U.S. Politics: A Comparison INAL at 14. at 13. For example, female rulers held authority over the regions of Guatari and Joara, Joara, and Guatari of regions the over authority held rulers female example, For ! USEUM _F A study of the socio-political organization of matrilineal Native Further, despite changes in societal organization following colo- B. Id. Id. Williams, Jr., See id. Molly Young, Id. .M 345 346 347 348 343 344 IST AUGHTERS ULLIVAN M K American societies providesNative-Amer- from ascertained be an can insightful Much comparison Society. to thatAmerican of Native non- ican political structure in terms of how women Republic days of early from the havethe contrast, In and beenwell-respected. valued and the formation of the United States government, held a women concept kept much role. have lesser The spheres women separate fromthepolitical arena, andtheywere thought incapable partici-of their voice to permitted not were Women discussions. such in pating concerns amongst male decision makers, and held influence only encountered the chief, a woman known as “Lady Cofitachequi.”“Lady as known woman a chief, encounteredthe WilmaMankiller became the first woman to serve as principal chief of the Cherokee Nation in1985. located near present-day Salisbury and Morganton, North Carolina, respectively. respectively. Carolina, North Morganton, and Salisbury present-day near located 15. between the sexes once more. In contemporary society, Native Amer- Native society, contemporary In more. once sexes the between holding governments, tribal many in “well-represented are women ican elected and appointed positions of political power.” nization and the influence of the patriarchal system, in modern times, times, modern in system, patriarchal the of influence the and nization have, Native societies American to degree, the restored some balance H killer 3, Dec. visited (last D 2020] 2020] T S were more prevalent among chiefdoms in the Carolinas than elsewhere than Carolinas the in chiefdoms among prevalent more were inthe Northeast.” illustrates that “manhood was not requisite” for chiefs in some Native some in chiefs for requisite” not was “manhood thatillustrates American societies. women were listed on the National Congress of of tribal “nearly the leader registry, leading one-quarter nation’s 562 American Indians federallyrecognized tribes.” tribal-leadership (last visited Dec. visited (last tribal-leadership 2020). 3, C Y 42838-elo_13 Sheet No. 190 Side A 12/23/2020 10:41:31 A 12/23/2020 190 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 190 Side B 12/23/2020 10:41:31 M K C Y .13 OL As a a As [V 349 evenprior coloniza-to 353 Further,neverhasthe U.S. a had 357 And, at the local level, less than one ) 12/21/20 6:54 PM 356 note 6. note note 6. note ELETE D There There has never been a female President However, the patriarchal tradition has re- note 274. 274. note note 274. 274. note OT OT In the U.S. Congress, and within the statewide the within and Congress, U.S. the In The Elon JournalLaw N 351 350 supra supra O , , 355 (D supra supra 56 56 and accompanying text. , , note 348. 348. note – DOCX ). whereas Native Americantribes and nations have had supra notes 21 notes .amend. XIX. .amend. PPROVED 352 However, equal political representation has yet to be (A ONST Young, INAL 354 _F In the 100the In NineteenthAmend- the of ratificationthe since years See supra U.S. C See Current Numbers Research Inventory See Research Inventory See Current Numbers Id. Id. 351 352 353 355 356 357 349 350 354 ULLIVAN ment, women in the U.S. have advanced considerably into the political the into considerably advanced have U.S. the in women ment, sphere, emerging from a prior position of legal inferiority. Women achieved. Just achieved. of three the U.S. Court nine sitting Supreme Justices are only fourthere and are female, and Cabinet in federal women positions. Cabinet-level female female President. Despite the fact that women make up nearly half today vote in greater numbers than their male counterparts, exercising exercising counterparts, male their than numbers greater in vote today a right to which they had been denied for most of the history. nation’s challenges to becoming elected due to voter concerns about how they they tion. how For about those concerns women voter to who due do elected run becoming to for office, challenges they face serious political in serving and childcare of demands the meet to able be will office. executive and legislative branches of government, women hold positions. less all of third or one of the U.S., 376 S within the home. Further,appearswithinresponsibilitiesalthoughthatithome.the the of childcare and domesticity served an important function, men in importance. lesser as of a this role treated States the United third of city mayors are female. are mayors city of third numerous female leaders over the centuries, the over leaders female numerous men in positions of political office around the nation at both state the and federal level. mained in place even today, serving to limit women’s full participation full women’s limit to serving today, even place in mained and in representation U.S. politics. There are far less women than result, women were treated as second-class citizens for for much of citizens U.S. as second-class treated were result, women history. Following the ratification of the Nineteenth women Amendment, finally obtained the right to vote and to directly participate in the political system. 42838-elo_13 Sheet No. 190 Side B 12/23/2020 10:41:31 B 12/23/2020 190 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 191 Side A 12/23/2020 10:41:31 362 377

361 For NativeFor 360 OMAN W , https://www.census.gov/quick- UREAU B EING A B As a result of U.S. political and ENSUS ENSUS 54. ) 12/21/20 6:54 PM 359 – ELETE D ,U.S.C OT OT N theyare notrepresented in the same numbers O MPORTANCE OF 358 (D I note 17 at 51 at 17 note note 348. 348. note 348. note HE DOCX ). supra supra supra PPROVED (A Young, Goodwin, Young, INAL _F It is clear that the structure that is currently in place is not The same is not true for women in the U.S. From the colonial the U.S.From the in women for true not is same The Incontrast, women in Native American societies held leadership QuickFacts: United States See Id. See See 361 358 359 362 360 ULLIVAN M K of the U.S. population, U.S. the of tween Native society and the U.S. in this regard is the level of respect respect of level the is regard this in U.S. the and society Native tween women their viewed societies American Native sex. each to afforded with great honor, as the caregivers and nurturers of their people. working, as women still struggle to receive men equal and between women the differences ignoring representationHowever, politics. in is not the correct way to alleviate this issue. Even Native American that women and acknowledge societies men are and different, thus should have their own roles in The be- the difference community. facts/fact/table/US/LFE046218 (last visited Dec. 3, 2020). 2020] 2020] T S have have such are responsibilities considered unable to understand the concerns of voters with families. This presents a “double bind” in which women are criticized for failing to adhere to traditional roles centered on and motherhood yet domesticity, are also punished for responsibilities. additional on take to seek they when so doing American women, this is merely a return women to were well-respected and valued their afor contributions to the tradition in which community. era to the days of the Republic, and for centuries thereafter, there in women which standard a patriarchal nation in this has persisted were thought incapable of political thought demands of and leadership. of Remnants of handling these ideals the are still today. Women are present questioned about not their ability do to handle who the de- Those politicians. as child-rearing and marriage of mands emergedoncehold tomore positions politicalof power. societal societal influences, patriarchal societal structures took hold in these in in However, serving such from roles. women preventing societies, returned has structure egalitarian traditional the decades, few last the to these and groups, more women and have Native more American as are men in positions of political power. power. political of positions in men are as positions prior to colonization. C Y 42838-elo_13 Sheet No. 191 Side A 12/23/2020 10:41:31 A 12/23/2020 191 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 191 Side B 12/23/2020 10:41:31 M K C Y 366 .13 OL [V they come from different different from come they These words signify what These words signify what — 365 the the ability to emerge from a — Proposal ) 12/21/20 6:54 PM note 358. note ELETE D supra OT OT , The Elon JournalLaw N O (D DOCX ). note 187, at 10. 187, note They had in place a system in which men and women women and men which in system a place in had They Significantly, women and men had their own role in PPROVED 364 supra Achieving A for Representation Equal Political Women: (A , 363 ! É once stated: once ask “I no favors for my sex .. . . I All ask of INAL C. é _F Nineteenth-century abolitionist and woman’srights activist Sarah There There is merit to the idea that political officials should be RIMK See id. See id. QuickFacts:United States G

363 365 366 364 ULLIVAN Grimk our brethren is that, they will take their feet from off our necks, and permit us to stand upright . . . .” and guide future citizens, their role was considered inferior in com- inferior considered was role their citizens, future guide and parison to males. For most of history, women in the U.S. were not to in any not and represented were government, permitted of form the in women which stigma this is It concerns. their express to vote U.S. still grapple with and must work against in order to achieve equality. greater worked together to decide what was to sought bestThey co-equal. as for rather but their superior, as people.regarded was sex Neither in On balance in males all the things. hand, other the achieve U.S. were women Although women. over authority held traditionally have to rear and helping the home maintaining for important considered 378 S affiliation. As a result of these differences, they have different values values different have they differences, these of result a As affiliation. issues. various about concerns and elected regardless of their sex. Indeed, to focus on an individual’s However, women are more than their sex theirthan more are women However, educa- different and structures, family different regions, geographical tional backgrounds. They vary in age, race, ethnicity, and religious communities, and those who worked hard for their society were highly highly were their to society provided they what for valued were women their and men Both for hard worked who those and communities, regarded. women still fight to achieve all as today privileges and rights same the enjoy and oppression of system other citizens, regardless of sex. Women must be respected for who they are, and what they contribute to society. When women hold political office, they bring a unique perspective to legal issues and policy debates. The female sex constitutes half of the population. government. 42838-elo_13 Sheet No. 191 Side B 12/23/2020 10:41:31 B 12/23/2020 191 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 192 Side A 12/23/2020 10:41:31 379 016, 1.4 ., https://williamsinsti- Thus, both changes changes both Thus, NST I How Many Adults Identify Adults Many How OMAN 370 W it becomes more difficult difficult more becomes it ILLIAMS ,GLAAD, https://www.glaad.org/ref- ,GLAAD, 368 Today, Today, there are more single .L:W EING A B CH 369 ) 12/21/20 6:54 PM ,UCLAS ELETE ., ., (Sept. 24, 2018), https://www.pewresearch.org/fact- D meaning they identify asthat a choose to TR OT OT N Stay-at-Home Moms and Dads Account for About One-in- .C 367 O MPORTANCE OF ES (D I R HE DOCX EW ). ,P PPROVED (A Gretchen Livingston, INAL

_F GLAAD Media Reference Guide - Transgender - Guide Reference Media GLAAD Despite our changing society, it is unlikely that such a drastic Further, traditional sex-based stereotypeshave eroded over time. GLAAD(formerly Lesbian known& GaytheAlliance as Against Defamation) defines See Id. According According to research conducted and gathered by the Williams Institute in 2 368 369 367 370 ULLIVAN M K founded will societies American not Native matrilineal disappearof practices political the entirely, However, and certainly not overnight. indicate a possible starting point from which to grow. As previously erence/transgender (last visited Dec. (last visited erence/transgender 2020). 3, Five Five U.S. Parents to elect political candidates. candidates. political elect to and tradition, valued always has U.S. The effective. be would change itis clear that the patriarchal standards upon whichthe nation was personal merit, experiences, and education rather than their sex would would sex their than rather education and experiences, merit, personal chang- The system. political our to diversity greater much bring likely ing dynamic of gender identity and biological sex in today’s society indicate that to focus on sex in choosing politicians would be both unworkable and futile in practice. As more individuals identify astransgender, begin to as Transgender in the United States? the in United Transgender as transgender as, “[a]n umbrella term for people whose gender identity expression differs from and/or what is gender typically associated with the sex they were assigned at birth.” million adults identified as transgender. Andrew R. Flores et al., al., et Flores R. Andrew transgender. as identified adults million tute.law.ucla.edu/publications/trans-adults-united-states/ (last visited Dec. 3, 2020). 2020). 3, Dec. visited (last tute.law.ucla.edu/publications/trans-adults-united-states/ serve office based on such an increasingly abstract concept would be be would concept abstract increasingly an such on based office serve illogical. Many women work outside the home. for Indeed, campaigning through attorneys. system they legal and as political now the in system participate vigorously judicial the serving and voting, candidates, political children their of care take to home at stay men of numbers Greater while their significant others work. to create strict divisions among the populace based on definitions of of definitions on based populace the among divisions strict create to “male”and “female.” Thus, to analyzepoliticala candidate’s fitness to tank/2018/09/24/stay-at-home-moms-and-dads-account-for-about-one-in-five-u-s-parents/. 2020] 2020] T S difficult and nonsensical to continue to use sex as a basis upon which which upon basis a as tosex use nonsensical to and continue difficult in gender-identity and in sex-based gender roles have made it both different gender than their biological sex, biological their than gender different fathers who take on “traditional” domestic households. roles their to maintain provide and stability children their for C Y 42838-elo_13 Sheet No. 192 Side A 12/23/2020 10:41:31 A 12/23/2020 192 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 192 Side B 12/23/2020 10:41:31 M K C Y .13 OL [V only only wives, mothers, orcare- — ONCLUSION This mindset This is mindset what U.S. society C 371 ) 12/21/20 6:54 PM ! ELETE VI. D OT OT N The Elon JournalLaw O (D note 348. 348. note DOCX ). supra PPROVED (A Young, INAL _F From the time of the nation’s founding, the U.S. legal system Women’s fight for political equality did not end in 1920 with Women have much to contribute to legal debates concerning See 371 ULLIVAN 380 S an entire group of citizens was from prevented voting based solely inferior thisinfluenced which patriarchalstandards The sex.their on have treatment lessened time, over but In still exist today. the days of the Republic, men and women “separatebelongingasspheres.”seenUndertoconcept, were this men were categorized into distinct, the “political” or “public” sphere, while women’s talents suited to sphere While the and domesticity. of “private” motherhood were best has operated to inhibit women from exercising their right to partici- to right their exercising from women inhibit to existence, operated has country’s the of majority the For the in process. pate political when more women hold elective office. To end the subjugation of women infrom the evolve U.S., the to entire is system offorward sex-based stereotyping step first must The little. by little dismantled, be thing one are women that the notion sex. givers. This of can only regardless happen with concerted individual, effort to the change the of valuation toward narrative societal of women are useful on topics perspec- other invaluable than and unique a family bring also life women andIndeed, children. raising tive to all other issues facing society, from climate change to U.S. militaryinvolvement, education, and healthcare. Their input on these matters is not only but beneficial, it is necessary. The representative our of diversity the when effective most is nation the of democracy U.S. goal, this achieve To leaders. political in our reflected is society begin must citizens the to candidatewhole consider and indi- their office. to elect to whom choosing when characteristics vidual the ratification of the Nineteenth Amendment. Neither will it end should adopt in choosing its political representatives. representatives. political its choosing in adopt should public policy, and their expertise can also aid in the drafting legislation. of Contrary to traditional patriarchal beliefs, the perspectives articulated in this Note,this in articulated differ- the ignore not did Americans Native ences between men and women. embraced Instead, they acknowledged the importance of both to the contributions mencommunity. and women and based on their 42838-elo_13 Sheet No. 192 Side B 12/23/2020 10:41:31 B 12/23/2020 192 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 193 Side A 12/23/2020 10:41:31 381 The 2 (2014). Fred L. Borch, L. Fred in the last few few last the in – the last monarch of — 372 See . 1, 1 OMAN AW L W RMY RMY ,A EING A B ) 12/21/20 6:54 PM ELETE D as inferior to that of men. men. of that to inferior as OT OT N O MPORTANCE OF (D I HE DOCX ). PPROVED (A INAL was was overthrown by American sailors, marines, and a militia created by the _F — However, the U.S. has no suchnopoliticaltradition.However,theU.S.hasegalitarian Still In contrast, pre-colonial Native American society treated women The U.S. government’s disdain for the idea of women in politics extended beyond 372 ULLIVAN M K Trial by Military Commission of Queen Liliuokalani of the kingdom of Hawaii. Althoughthere are certainly many reasons the U.S. sought to overthrow Queen Liliuokalani’s power. in women toward kingdom, thisattitude situation can alsoviewedpatriarchal be as yet another America’s of example the bounds of the continent. the In Queen Liliuokalani of 1893, bounds January the continent. Hawaii “CommitteeSafety.”ofCommittee’sThe ultimate achieveAmericantowasgoal annexation women have emerged from their position of political subjugation to the to return a represents This communities. their in leaders become oftradition American Native viewed they which in politics egalitarian men and women as complementary parts of a cohesive society. whole of 100 today, the women In struggle to centuries. fight for against patriarchal rhetoric traditions which national the in ingrained been have decades decades this situation has altered. Today, more Native American 2020] 2020] T S select select tribal chiefs, and to remove them from their position when they shows failed evidence to occurrence, properly common a fulfill necessarily not their was it leadership although obligation. Further, that women served as political leaders in societies. This some illustrates that Native Native American American groups valued their people based not only on sex, but on their individual qualifications. merit and They recognized that thoseNative Although who contribute decision-making. to political the society in voice a have should Americansocieties underwent periodwhichain werewomenlimited in their ability to participate in tribal politics due to the government, U.S. influence the of structure patriarchal the of recognizing recognizing women’s status as citizens, the legal system operated to citizenship female classify recognizingdifferently.While quite and men betweendifferences the women, they respected all members of society for their contribution Women’s of existence to the the growth by and sustainability of indicated the community. as Women served politics, in role important an Councils. Through these political bodies, women held the ability to office does not reflect their percentage in the population. Although years years since women in the U.S. the obtained right to vote, they are How- politics. of field the in before ever than visible more certainly political positionsof inrepresented are theywhich to degree the ever, C Y 42838-elo_13 Sheet No. 193 Side A 12/23/2020 10:41:31 A 12/23/2020 193 Side No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 193 Side B 12/23/2020 10:41:31 M K C Y .13 OL Further, [V 373 note 6. note supra ,

374 Current Current Numbers ) 12/21/20 6:54 PM note 193. 193. note note 358; note ELETE D supra supra OT OT , , The Elon JournalLaw N O (D DOCX ). PPROVED (A INAL _F In order to obtaingreater equality in this nation,women must QuickFacts:United States Sentiments of Declaration 373 374 ULLIVAN hold an estimated one-third or less of most political positions. political most of less or one-third estimated an hold 382 S women constitute around one-half of the national population, they truly truly achieve the ideal of a representative democracy upon which this nation was women founded, must in be represented proportion to their presence in the population. Since 100 the Amendment, Nineteenth ratification achievement of tremendous seen have years the in the political participation and representation of women. However, equality that true: ring finally will between theSentiments sexes has yetof to be achieved. PerhapsDeclaration one day, the of words the “all men and women are created equal.” or that their minds would be too occupied with familial obligations matters. political about clearly think to childcare and women that not is It office. political in representation process, greater election achieve the in men over advantage greater a given be should will they what for considered be should candidates political that but contribute to society. Similar the to to Native bring American societies, can the they U.S. what on based individuals elect to seek should In to position. declining to women more elect the political positions, repre- adequately not are nation the of portion a large of concerns sented or advocated for in governmental decision-making. Thus, to the the barriers to increasing female representation in continue to reflect elective archaic sex-based office patriarchal stereotypes. Female political candidates are judged by voters based obligations the on fulfilling their also ability while to motherhood of demands the juggle electiveof office. They are thought tolessserving beof capable in political roles due to decisions, inconsistent sexist and erratic make to them notions cause will hormones such as the idea that their 42838-elo_13 Sheet No. 193 Side B 12/23/2020 10:41:31 B 12/23/2020 193 Side No. Sheet 42838-elo_13