Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.” Thus spake the United States Supreme Court in 1872 in upholding an Illinois statute barring women from practicing law, which a feminine aspirant to the bar had dared to challenge.
Several months earlier another Illinois daughter, transplanted to Oregon, had undertaken to shatter both of the venerable premises upon which the tribunal based its decision. Abigail Scott Duniway, who as a teenager had tramped west over the cholera- and Indian-plagued Oregon Trail and later helped her husband tame a wilderness farm, knew she was neither timid nor delicate. And so far as she could see, man was less defender than exploiter. What unfitted woman in Abigail’s opinion was not God-made emotional and physical characteristics but man-made legal hobbles—hobbles man had applied for his own benefit.