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
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
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
Scholz 2
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
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
Scholz 3
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
Scholz 4
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
cultural frame that people use to begin the process of relating to one another and coordinating
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
Scholz 5
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.
Scholz 6
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,
woman-lawyer/.
Fields, Lauren. How a Mormon pioneer woman became the nation's first female state
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
gap/.
Oh, Soo, and Sarah Kliff. The US is ranked 104th in women's representation in government.
representation.
Ridgeway, Cecilia L. How Gender Inequality Persists in the Modern World. Scholars Strategy
persists-modern-world.
Smith, Sophie. "Limitations to Equality: Gender Stereotypes and Social Change." Juncture, vol.
doi:onlinelibrary.wiley.com/journal/10.1111/%28ISSN%292050-5876/issues.
Inequality
in Response to Masculinity Threats." Sex Roles, vol. 72, no. 11-12, June 2015, pp. 521-