Scholz 1

Annie Scholz

Professor Zawilski

RC 2001

12 December 2017

How has womens representation in U.S. law and government changed over the years?

The Greek philosopher Plato (427 347 B.C.E.) stated in his Republic: Can you think of

any human activity in which the male sex is not superior to the female in all ways?... Natural

attributes are evenly distributed between the two sexes, and a woman is naturally equipped to

play her part in all activities, just as a man though in all of them woman is weaker than man

(455c-e). Women have been denied the same rights as men when it comes to citizenship, voting,

employment, and property ownership, even blatantly by one of the worlds foremost scholars.

Women of the United States have overcome many of these disparities, yet still face

discrimination in employment representation, salaries, and health care. There is a particular

disparity regarding female representation in law and government careers, where women make up

a mere 36.0% of the legal profession (A Current Glance at Women in the Law January 2017),

and at the national level 21.0% of Senate, 19.1% of the House of Representatives, and 21.1% of

the Cabinet (Brown). In this paper, I will address the history of female representation, womens

issues and rights. These issues are vital results of the lack of female representation in law and

government careers, and they could be handled much better by institution of gender equality in

the United States governing bodies.

Myra Bradwell was the first American woman to become a practicing lawyer, and the

pioneer in the fight for females to establish themselves in the legal profession. Founder of the

most popular law newspaper at the time, the Chicago Legal News, Bradwell had passed her legal
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examination in Illinois and applied for bar submission. The Illinois Supreme Court denied her

submission to the bar on account of her being a married woman. She appealed the case, but was

denied yet again in 1873 strictly due to her being a woman, regardless of the 1872 state law

prohibiting the denial of career opportunity because of a persons sex. This law allowed for Alta

M. Hulett to be admitted to the Illinois state bar, greatly due to Bradwells efforts. Even though

she had not been licensed by the bar, Bradwell did practice law. And in 1890, the Illinois

Supreme Court finally admitted her to the bar, and the license was dated 1869, which is the year

she initially applied, making Myra Bradwell the first female lawyer to practice in the United

States (Danilina). These women opened the door for female representation in the legal profession

of the United States.

Beginning the plight for female representation in government, the first female to be elected

as a United States Senator was Martha Hughes Cannon, who was elected to the Utah State

Senate in 1896. During her time as a Senator, she instituted legislation to administer education

for disabled youth and to protect the healthcare of women. She was a part of the production of

sanitation laws for her state, and instituted the bill that created the Utah State Board of Health.

Cannon served for two terms until 1900 (Fields). In 1916, the first woman was elected to

Congress, Jeanette Rankin from Montana. Rankin served for two terms in the United States

House of Representatives, 1917-1919, and 1941-1942. Notably, she voted against entry into both

world wars (Milestones for Women in American Politics). In comparison to other countries

around the world, the United States is 104th out of 190 countries in a ranking of womens

representation in national government. Twenty years ago, the United States was ranked 52nd in

this same ranking compiled by the Inter-Parliamentary Union. To even gender representation

other countries have utilized multiple methods such as legislation, and simple party initiatives to
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set a new standard towards equal representation in government (Oh). The government is meant

to represent the whole of the United States population, which includes men and women.

Currently, the United States government is prominently older males, which is not representative

of the countrys population. These female trailblazers made significant contributions in their

short times in office, indicative of the benefits that a female perspective offers.

Women finally gained the right to vote with the ratification of the 19th Amendment to the

United States Constitution, and have continued to gain recognition and representation, though

still infrequently, at the State and National levels of government, in the Senate, House, state

governments, party committees, and other offices. However, womens rights are still impacted

by the gender wage gap women generally make 80% of what a man makes doing the same job:

the figures are stark: in 2013 the median pay for a woman was 19.7 percent less than that for

a man, and women in management positions received lower basic salaries and bonuses than men

in equivalent roles (Smith). In 2005, female lawyers salaries were 77.5% of male lawyers

salaries. Although there will not be satisfaction until there are equal wage, which is projected to

be around the year 2059 (Miller), significant improvement has been seen, and in 2015 female

lawyers made 89.7% of male lawyers salaries (A Current Glance at Women in the Law January

2017).

As women are faced with disparities in salaries and representation within law and

government careers, they simultaneously face regressive action regarding laws of reproductive

rights and access to health care. The Obama administrations Affordable Care Act (ACA)

ensured the coverage of birth control through health insurance plans; but, in early October 2017,

the Trump administration relaxed this portion of the ACA, allowing employers to stop coverage

of birth control for their female employees. In addition to the birth control controversy, womens
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right to abortion continues to be a debate facing the nation. With women being only 21.0% of the

U.S. Senate, and 19.0% of U.S. House of Representatives, the majority of lawmakers that are

proposing banning health coverage for abortion and birth control are males. Kevin S. Weaver of

The University of Pennsylvania Department of Psychology believes that this is a result of male

legislators perceiving a threat to their masculinity: When men feel that their masculinity is

threatened, they react with greater support for inequality and dominance. While the need for

birth control and access to abortion applies strictly to females, men are the majority that draft and

vote on legislation, regardless of their inevitable ignorance of the female body. An increase in

female representation will give women of the United States a larger voice in the fight for

womens rights.

While the improvements that have been made in female representation are often

acknowledged, and the United States prides itself on freedom and equality, research indicates

that the disparities are still evident and gender inequality is persistent, even today: Modern

society is rife with inequality. Peoples interpretations of these inequalities, however, vary

considerably: Different people can interpret, for example, the existing gender gap in wages as

being the result of systemic discrimination, or as being the fair and natural result of genuine

differences between men and women (Laurin). Many factors contribute to these gender

disparities, including gender stereotypes and historical traditions. Gender stereotypes are often

unconsciously perpetuated: widely shared gender stereotypes act as a common knowledge

cultural frame that people use to begin the process of relating to one another and coordinating

their interaction (Ridgeway). These stereotypes lead to differences in workplace and

governmental representation: Men, for example, tend to be seen as more authoritative and

women more communal in orientation. In workplaces, this can readily lead people to expect and
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defer to men in charge and to look to women to carry on routine group maintenance efforts.

Studies show that in job interviews where men and women have the same qualifications, one

gender gets more offers according to traditional assumptions about gender proclivities

(Ridgeway). The historical traditions of a majority male government has also contributed to the

lack of female representation. Males have been in power since the beginning of the United

States, and this is unconsciously perceived as normalcy and accepted by society, especially due

to the likelihood of incumbent re-election, which other countries have prevented through

legislation.

As gender inequality continues to persist, it is vital to continue the fight for womens

rights, and advocate for the advancement of women in law and government. The United States

often perpetuates the American ideals of freedom and equal opportunity, and it is time that

equal opportunity be put into action 100%. Women deserve to be in control of their bodies, and

make larger contributions to the lawmaking of legislation that dictates their rights and healthcare.

The national issues of the gender wage gap and womens health care could be solved by

improvement in female representation in law and government, in which more women could

directly confront the issues that they are facing. The United States has come a long way since the

beginning of womens suffrage, but there are leaps and bounds to go to achieve equality for

women in employment, law and government careers, and womens health care.
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Works Cited

A Current Glance at Women in the Law January 2017. American Bar Association, 2017.

Brown, Anna. Despite gains, women remain underrepresented among U.S. political and

business leaders. Pew Research Center Fact Tank, Pew Research Center, 20 Mar. 2017,

www.pewresearch.org/fact-tank/2017/03/20/despite-gains-women-remain-

underrepresented-among-u-s-political-and-business-leaders/.

Danilina, S. Who Was Myra Bradwell: America's First Woman Lawyer. The Law Dictionary,

The Law Dictionary, thelawdictionary.org/article/who-was-myra-bradwell-americas-first-

woman-lawyer/.

Fields, Lauren. How a Mormon pioneer woman became the nation's first female state

senator. DeseretNews.com, Deseret News Utah, 3 Nov. 2017,

www.deseretnews.com/article/900003367/how-a-mormon-pioneer-woman-became-

the-nations-first-female-state-senator.html.

Laurin, Kristin, et al. "Stability and the Justification of Social Inequality." European Journal of

Social Psychology, vol. 43, no. 4, June 2013, pp. 246-254. EBSCOhost,

doi:10.1002/ejsp.1949.

Milestones for Women in American Politics. Center for American Women and Politics,

Rutgers, www.cawp.rutgers.edu/facts/milestones-for-women.

Miller, Kevin. The Simple Truth about the Gender Pay Gap. AAUW: Empowering Women

Since 1881, AAUW, www.aauw.org/research/the-simple-truth-about-the-gender-pay-

gap/.

Oh, Soo, and Sarah Kliff. The US is ranked 104th in women's representation in government.

Vox, Vox Media, 8 Mar. 2017, www.vox.com/identities/2017/3/8/14854116/women-

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representation.

Plato. Republic. Oxford University Press, 2008.

Ridgeway, Cecilia L. How Gender Inequality Persists in the Modern World. Scholars Strategy

Network: Research to Improve Policy and Strengthen Democracy, Scholars Strategy

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persists-modern-world.

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21, no. 2, Autumn, pp. 144-150. EBSCOhost,

doi:onlinelibrary.wiley.com/journal/10.1111/%28ISSN%292050-5876/issues.

Weaver, Kevin1, kvw5101@psu.edu and Theresa1 Vescio. "The Justification of Social

Inequality

in Response to Masculinity Threats." Sex Roles, vol. 72, no. 11-12, June 2015, pp. 521-

535. EBSCOhost, doi:10.1007/s11199-015-0484-y.