Panel 1

The History of Women and the Law

The history of women and the law in the United States and Virginia has evolved unevenly from a time in 1769 when the colonies adopted the English system of coverture, decreeing that women could not own property in their own names or keep their own earnings (a system in place in all or some of the states until at least 1943), to 1920 when women were granted the right to vote nationwide to today with continued debate over ratification of the Equal Rights Amendment to the United States Constitution.  

Laws have often sought to “protect” or control women by limiting their employment and civic engagement. Over time women’s work days have been limited (1908), women have been prohibited from serving as bartenders unless their father or husband owned the establishment (affirmed by SCOTUS in 1948); women have not been allowed to serve on juries (finally repealed in all 50 states in 1973); and, until passage of the Equal Credit Opportunity Act in 1974, women were denied the right to obtain credit cards without their husband’s permission.  

In Virginia, colleges were sex segregated until the 1970s, when the University of Virginia was sued to admit women, and VMI was forced by a lawsuit to admit women in 1996. Most startlingly, a man living in a home with his wife could legally rape her until 2002.   

While Virginians continue to be able to access abortion with some restrictions, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning 50 years of precedent, has cast doubt on the continued validity of other laws like equal employment and equal pay laws dating to the 60s, no-fault divorce laws dating to 1969, and constitutionally recognized marriage equality protections. 

This panel will present a picture of this history and the way the law has impacted the lives of women across generations.

Faith Alejandro, Hon. Jean W. Cunningham, Hon. Anne Holton, Sara Tandy
Claire G. Gastañaga, moderator