CRM/LAW C113 Lecture Notes - Lecture 4: American Civil Liberties Union, Alice Paul, Suspect Classification
15 Oct 2018
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Illinois court based denial on separate spheres jurisprudence. Believed that women naturally belonged in domestic sphere. Wanted to protect her from the things discussed in a courtroom. Bradwell qualified for being a lawyer but was not granted a license on basis of sex. Is the practice of your chosen profession a privilege & immunity afforded by the 14th. Language of law beginning to move away from separate spheres jurisprudence but justices are resistant to that change. Met with other leaders of feminist movement. Reframed bradwell"s brief to instead use equal protection clause. Still shot down by illinois court once again. Interpreting the law in order to perpetuate separate spheres jurisprudence. Wanted to protect female employees from being overworked. Does not apply equally to all people under equal protection clause. Prevents people from independently contracting & coming to individual agreement about how many hours they would work. Reality: wanted to work women for longer hours since were cheaper to employ.
