Bradwell v. Illinois

Bradwell v. State of Illinois, 83 U.S. (16 Wall.) 130 (1873), was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges. Brought by Myra Bradwell, the case is also notable for being an early 14th Amendment challenge to sex discrimination in the United States. Background of the case In 1869, Myra Bradwell passed the Illinois bar exam and applied for admission to the Illinois bar in accordance with a state statute that permitted any adult of good character and with sufficient training to be admitted to the practice of law. Because she was a woman, however, the Illinois Supreme Court denied her admission, noting that the "strife" of the bar would surely destroy femininity. The legal rationale was based on the common law doctrine of coverture which denied a married woman a legal existence apart from her husband. Bradwell appealed the decision to the United States Supreme Court, arguing that her right to practice law was protected by the Privileges or Immunities clause of the Fourteenth Amendment. Decision Majority opinion The Supreme Court disagreed with Bradwell in an 8–1 ruling. It upheld the decision of the Illinois court and ruled that the Privileges or Immunities Clause of the Fourteenth Amendment did not include the right to practice a profession. Therefore, it was properly regulable by the states. The majority opinion avoided lengthy discussion of that point by referring to the discussion of privileges and immunities in the Slaughterhouse Cases.