The Winning of the First Bill of Rights for American Women

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F. Putnam, 1924 - 92 páginas

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Página 85 - The limitations which this statute places upon her contractual powers, upon her right to agree with her employer as to the time she shall labor, are not imposed solely for her benefit, but also largely for the benefit of all.
Página 43 - It provides that women shall have the same rights and privileges under the law as men in the exercise of suffrage, freedom of contract, choice of residence for voting purposes, jury service, holding office, holding and conveying property, care and custody of children, and in all other respects.
Página 85 - ... her physical structure and a proper discharge of her maternal functions — having in view not merely her own health, but the well-being of the race — justify legislation to protect her from the greed as well as the passion of man.
Página 66 - ... care and custody of children, and in all other respects. The various courts, executive and administrative officers shall construe the statutes where the masculine gender is used to include the feminine gender unless such construction will deny to females the special protection and privileges which they now enjoy for the general welfare. The courts, executive and administrative officers shall make all necessary rules and provisions to carry out the intent and purposes of this statute.
Página 83 - These are the chief legal effects of marriage during the coverture; upon which we may observe, that even the disabilities which the wife lies under are for the most part intended for her protection and benefit: so great a favourite is the female sex of the laws of England.
Página 69 - ... other respects. The various courts, executive and administrative officers shall construe the statutes where the masculine gender is used to include the feminine gender unless such construction will deny to females the special protection and privileges which they now enjoy for the general welfare. The courts, executive and administrative officers shall make all necessary rules and provisions to carry out the intent and purposes of this statute.
Página 85 - ... either sex is for that reason inferior or superior to the other. By recent legislation in this country, the sexes have been brought to an absolute equality of right and privilege before the law, but that fact does not and should not strike down sex as a basis of classification in the enactment of laws relating to the health, morals, and general well-being of our people. This statute, as are other statutes relieving married women from disabilities incurred by marriage at common law, is remedial...
Página 84 - ... there used; it is the feminine. Rights are thereby conferred not upon men, but upon women. True it is that the. rights conferred are to equal those which men enjoy, but rights are granted to women, not to men. Even if it were held applicable, the disability of a married woman at common law to make a contract was not, as we have seen, a special protection or privilege which she enjoyed for the benefit of the general welfare. Under the common law, the rights of the wife were subordinate to those...
Página 86 - It is not even contended here that the legislation under consideration in any way violates any provision of the Constitution. It is clearly within the legislative field, and it . is the duty of the courts to so construe and apply it as to confer upon women, including married women, all the rights and privileges under the law now enjoyed by men. No doubt some difficulty will be encountered in the application of this statute to the law generally. These difficulties, however, will not be insurmountable....
Página 83 - Manifestly it was not intended that the act should receive a construction that would be subversive of the beneficent purposes for which it was enacted, and which would almost necessarily tend to strike down the protection it was intended married women should have under it in the use and enjoyment of their separate estates." The purpose of these statutes, in general, was to remove the limitations imposed by the common law upon married women, and at the same time leave them with such protection as...

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