The 19th Amendment at 100: From the Vote to Gender Equality Center for Constitutional Law at The University of Akron School of Law Friday, Sept. 20, 2019 CONTINUING EDUCATION MATERIALS More information about the Center for Con Law at Akron available on the Center website, https://www.uakron.edu/law/ccl/ and on Twitter @conlawcenter 001 Table of Contents Page Conference Program Schedule 3 Awakening and Advocacy for Women’s Suffrage Tracy Thomas, More Than the Vote: The 19th Amendment as Proxy for Gender Equality 5 Richard H. Chused, The Temperance Movement’s Impact on Adoption of Women’s Suffrage 28 Nicole B. Godfrey, Suffragist Prisoners and the Importance of Protecting Prisoner Protests 53 Amending the Constitution Ann D. Gordon, Many Pathways to Suffrage, Other Than the 19th Amendment 74 Paula A. Monopoli, The Legal and Constitutional Development of the Nineteenth Amendment in the Decade Following Ratification 87 Keynote: Ellen Carol DuBois, The Afterstory of the Nineteth Amendment, Outline 96 Extensions and Applications of the Nineteenth Amendment Cornelia Weiss The 19th Amendment and the U.S. “Women’s Emancipation” Policy in Post-World War II Occupied Japan: Going Beyond Suffrage 97 Constitutional Meaning of the Nineteenth Amendment Jill Elaine Hasday, Fights for Rights: How Forgetting and Denying Women’s Struggles for Equality Perpetuates Inequality 131 Michael Gentithes, Felony Disenfranchisement & the Nineteenth Amendment 196 Mae C. Quinn, Caridad Dominguez, Chelsea Omega, Abrafi Osei-Kofi & Carlye Owens, Youth Suffrage in the United States: Modern Movement Intersections, Connections, and the Constitution 205 002 THE CENTER FOR CONSTITUTIONAL LAW AT AKRON th The 19 Amendment at 100: From the Vote to Gender Equality Friday, September 20, 2019 (8am to 5pm) The University of Akron School of Law (Brennan Courtroom 180) The focus of the 2019 conference is the 100th anniversary of the 19th Amendment. Soon after the passage of the 19th Amendment in June 1919, and its ratification by the states in August 1920, the voting amendment was interpreted as a broad command for gender equality, although that trend was quickly reversed. This conference brings together scholars from law, history, political science, and women’s studies to engage in a day of intensive scholarly discussion about the implications of the amendment, and its social, legal, and political context. 8:00am Registration and Continental Breakfast (McDowell Common) 8:30am Introduction, Prof. Tracy Thomas, Director of the Center for Constitutional Law 8:35am Introductory Speaker: Nancy Abudu, Deputy Legal Director & Voting Rights Director, Southern Poverty Law Center, Voting Rights Today Introduction: Matthew Brown, Student Editor, ConLawNOW 9:15am Panel 1: Awakening and Advocacy for Women’s Suffrage Moderator: Bernadette Genetin (Akron Law) Tracy Thomas (Akron Law), More Than the Vote: From Seneca Falls to ERA Richard Chused (NY Law), The Women’s Suffrage and Temperance Connection TJ Boisseau (Purdue, History), Fair Treatment: Pro-Suffrage Activism at American World’s Fairs and International Exhibitions Nicole Godfrey (Denver Law), Suffragette Prisoners and the Importance of Protecting Prisoner Protests 10:30am Break 10:45am Panel 2: Amending the Constitution Moderator: CJ Peters (Akron Law) Kimberly Hamlin (Miami U, History), The 19th Amendment: The Fourth Civil War Amendment? Ann Gordon (Rutgers, History), The Many Pathways to Suffrage Other than the 19th Amendment Paula Monopoli (Maryland Law), The Legal Development of the 19th Amendment Post- Ratification 003 THE CENTER FOR CONSTITUTIONAL LAW AT AKRON 11:45pm Lunch (McDowell Common) 12:30pm Keynote Speaker: Prof. Ellen Carol DuBois (UCLA, History), The Afterstory of the Nineteenth Amendment Introduction: Michael Grund, Editor in Chief, Akron Law Review DuBois is Professor Emeritus of History at UCLA. She is the author of the forthcoming book “Suffrage: Women’s Long Struggle for the Vote” (Simon & Shuster Feb. 2020) and also the author of the seminal work “Feminism and Suffrage” 1:30pm Break 1:45pm Panel 3: Extensions and Applications of the Nineteenth Amendment Moderator: Brant Lee (Akron Law) Elizabeth Katz (Washington U Law), Women’s Suffrage & the Right to Hold Public Office Gwen Jordan (Bay Path U, Legal Studies), The International Federation of Women Lawyers’ Campaigns for Global and National Women’s Rights, 1944-1975 Cornelia Weiss (J.D., Independent), The 19th Amendment and the U.S. “Women’s Emancipation” Policy in Post World-War II Occupied Japan: Going Beyond Suffrage Shelley Cavalieri (Toledo Law), Vestigial Coverture 3:30pm Break 3:45pm Panel 4: Constitutional Meaning of the Nineteenth Amendment Moderator: Marty Belsky (Akron Law) Reva Siegel (Yale Law), The 19th Amendment & the Democratic Reconstruction of the Family: Recovering a Constitutional Tradition Jill Hasday (Minnesota Law), Fights for Rights: How Forgetting and Denying Women’s Struggles for Equality Perpetuates Inequality Mike Gentithes (Akron Law), Felony Disenfranchisement and the Nineteenth Amendment Mae Quinn & Caridad Dominguez, (Florida Law), Youth, Voting Rights, and the Constitution Jamie Abrams (Louisville Law), Examining Entrenched Masculinities within the Republican Government Tradition 5:00pm Reception (McDowell Common) Follow live Tweeting of the conference @ConLawCenter and use hashtag #19thAt100 REGISTRATION: To register, go to https://www.uakron.edu/law/ccl/registration/ Registration is free, unless seeking CLE (7 hours), for which the cost is $100. (We will process Ohio CLE requests, and provide documentation for self-reporting for CLE in other states). HOTEL: Accommodations for the conference are available at the Courtyard Marriott Downtown Akron, 41 Furnace St., Akron OH 44308, at the University of Akron rate of $122 per night. Book a hotel room here (by Aug. 29th) TRAVEL: Both the Akron-Canton Airport (20 minutes from law school) and Cleveland-Hopkins Airport (45 minutes from law school) provide good access to campus. A map with driving directions to campus is here. PARKING is free and available in the open lot on the south side of the law school. 004 Forthcoming Stanford Journal of Civil Rights & Civil Liberties More than the Vote: The Nineteenth Amendment as Proxy for Gender Equality Professor Tracy A. Thomas* Elizabeth Cady Stanton, pioneering leader of the women’s rights movement in the nineteenth century, famously declared the right of women to vote in 1848 at a convention in Seneca Falls, New York.1 She alone initially appreciated the importance of the vote both for women’s political power and participation in the governance of the country, as well as its symbolic meaning for women’s full citizenship.2 Her abolitionist and religious colleagues, however, were suspicious and a bit outraged by the suffrage demand, as these moralistic reformers were opposed to politics which they viewed as fundamentally corrupt due to bribery, patronage, and abuse of power.3 Stanton’s friend and co-organizer Lucretia Mott was worried the demand would make the meeting “look ridiculous” and Stanton’s husband, Henry, dismissed the suffrage claim as a “farce.”4 Nevertheless, they persisted. For seventy-two more years, women activists would fight for the right to vote by organizing annual conventions, creating associations, petitioning legislatures and constitutional conventions, writing editorials, delivering speeches, and campaigning door-to- door for would become the Nineteenth Amendment to the U.S. Constitution.5 This nearly-century long movement for suffrage, however, was never, just about the vote.6 It originated as part of a comprehensive plan for women’s equality as proclaimed at Seneca Falls in the women’s Declaration of Sentiments.7 Stanton, the intellectual driver of the first women’s rights movement, conceptualized the vote as only one of the needed rights of women to access the political process.8 The elective franchise was a key piece of reform, to gain women access to the right to make the laws that governed them, but it was never the sole goal. Rather, Stanton’s * Seiberling Chair of Constitutional Law and Director of the Center for Constitutional Law, The University of Akron. 1 Declaration of Sentiments, Report of the Woman’s Rights Convention, Held at Seneca Falls, N.Y., July 19th and 20th, 1848, in THE SELECTED PAPERS OF ELIZABETH CADY STANTON AND SUSAN B. ANTHONY, v.I at 75 (Ann D. Gordon, ed. 1998). 2 SUE DAVIS, THE POLITICAL THOUGHT OF ELIZABETH CADY STANTON: WOMEN’S RIGHTS AND THE AMERICAN POLITICAL TRADITIONS 90 (2008); JUDITH WELLMAN, THE ROAD TO SENECA FALLS: ELIZABETH CADY STANTON AND THE FIRST WOMAN’S RIGHTS CONVENTION, 193 (2004). 3 DAVIS, supra note 2, at 66; Ellen Carol DuBois, Outgrowing the Compact of the Fathers: Equal Rights, Woman Suffrage, and the United States Constitution, 1820-1878, 74 J. AMER. HISTORY 836, 840-41 (1987). 4 ELISABETH GRIFFITH: IN HER OWN RIGHT: THE LIFE OF ELIZABETH CADY STANTON 54-55 (1984). 5 AILEEN S. KRADITOR, THE IDEAS OF THE WOMAN SUFFRAGE MOVEMENT, 1890-1920, 5 (1965) (1981 ed.) (reporting that suffrage women conducted 480 state legislative campaigns, 277 state convention campaigns, 19 campaigns to Congress, and 41 state amendment campaigns); Marjorie Spruill Wheeler, A Short History of the Woman Suffrage Movement in America, 9, 9-18 in ONE WOMAN, ONE VOTE: REDISCOVERING THE WOMAN SUFFRAGE MOVEMENT (Marjorie Spruill Wheeler, ed. 1995); see also ELAINE WEISS, THE WOMAN’S HOUR: THE GREAT FIGHT TO WIN THE VOTE 3 (2018); ELEANOR FLEXNER & ELLEN FITZPATRICK, CENTURY OF STRUGGLE: THE WOMAN’S RIGHTS MOVEMENT IN THE UNITED STATES vix-xi (1959) (1996 ed.). 6 W. William Hodes, Women and the Constitution: Some Legal History and a New Approach to the Nineteenth Amendment, 25 RUTGERS L. REV. 26, 49 (1970) (stating that “it is clear that much more than the right to vote was at stake--a whole new way of life was being established for women.”); see also JOAN HOFF, LAW, GENDER & INJUSTICE: A LEGAL HISTORY OF U.S. WOMEN 135 (1991); Elizabeth B. Clark, Religion, Rights, and the Difference in the Early Woman’s Rights Movement, 3 WIS.