Women of Boston College Law School
a progressive and social history
I. Introduction
In 2004, Boston College Law School (BCLS) celebrates seventy-five years as a
premier institution of legal education. The year also marks the sixtieth anniversary
of the graduation of the first woman to attend the law school. Although struggles
to enter the realm of legal study pre-date the entrance of women at Boston College
Law School, as a young institution connected to a male dominated Jesuit college,
it was extremely progressive for women to be admitted to Boston College Law
School. I intend to illustrate how through periods of social change marred by
mistreatment of women in society at large and in legal education, Boston College
Law School has been progressive in its admissions of women as well as in the
educational atmosphere women have had to endure.
To present an accurate portrayal of the social and educational times, I begin
with illustrations of how women have had to circumvent social norms to obtain
their current status. I first present a general picture of how women have progressed
in the educational sphere and advanced to legal education. Then I offer a comparison
of two extremes: an elite school with a history of opposing a legal education
for women, and a state university with a history of fostering a female student
body. I next offer some statistical information based on the general progression
of women in law school.
In an effort to understand Boston College Law School and its progressive nature,
I have tried to first illustrate how the undergraduate school compares in its
admission of women. Then I explain how the law school progressed and began admitting
women in 1941. To help set the stage, so to speak, for the decades of progression,
I have put forth a general social history focused on women from 1940 to 2000.
Finally, the primary focus of the paper is on the personal history of Boston
College Alumnae based on personal interviews and answers to questionnaires.
II. Women in Law School
A. A Brief History
Women’s social mission was dependent on a complex view of femininity that
associated it with nature, the emotions, and the soul and saw it as completely
opposed to reason and intellect.
This was the nineteenth century, an age replete with Victorian sensibilities
resulting in social prejudices that declared women were intellectually inferior
and respectable women could not work outside the home. Educating women developed
slowly with Worcester, Massachusetts opening the first public high school for
girls in 1824. Oberlin became the first college to admit women in 1837 with
separate courses, thereby illustrating ambivalence at truly educating women.
In a revolt against Victorian domesticity, women began to steadily attend college
from 1860 to 1920. However, the early institutionalization and licensing powers
within the legal profession made it difficult for women to enter the realm of
legal practice.
In 1869, Myra Bradwell became the first woman to seek licensure from a state
bar. The Illinois State Supreme Court denied her admission claiming:
…when the legislature gave to this court the power of granting licenses
to practice the law, it was not with the slightest expectation that this privilege
would be extended equally to men and women.
She appealed the state opinion to the United States Supreme Court based on Fourteenth
Amendment protections. Although the high court denied Ms. Bradwell’s claim,
state courts and legislatures began to allow women admission to the bar.
The same year that Myra Bradwell sought licensure in Illinois, Arabella Mansfield
became the first woman admitted to practice law in the state of Iowa and the
United States. The year 1869 also marked the first admission of law students
without regard to gender at St. Louis Law School with two women matriculating.
The next year, 1870, the first woman to receive an accredited law degree, Ada
A. Kepley, graduated from Union College of Law (now Northwestern). At the turn
of the century, women were admitted to the bar of almost every state, but entrance
into law school and acceptance by society continued to be a struggle.
Women obtaining higher education became more acceptable than obtaining professional
status. By 1920, almost half of all college students were women, but social
pressure on women to marry and please their families prevented many from pursuing
careers. In 1910 the percentage of employed women reached 25.2%, but only 10.7%
of married women were employed. These societal pressures prevented many women
from pursuing law school admission. In addition, the entrance of women continued
to adhere to a paternalistic view of women and resentment toward those who tried
to shed their proper societal roles. In 1890, a member of the Board of Trustees
for Columbia Law School illustrated this paternalistic sentiment when he stated:
No woman shall degrade herself by practicing law in New York especially if I
can save her…I think that the clack of these possible Portias will never
be heard in Dwight’s Moot Court.
Although even elite law schools such as Columbia began to finally admit women
to the study of law, the atmospheres remained “inhospitable”. Law
schools instituted policies such as informal quota systems to limit the number
of women admitted to each class. The “male culture” predominated
the atmosphere causing women to study alone, eat alone, live alone, and in some
schools, like Brooklyn Law School in New York, women were “physically
segregated in the classroom”. Unconscious sexism pervaded the classrooms
through jokes or illustrations that offended women. Professors would either
refuse to call on women or call on them to “singularly embarrass them”
with crude topics such as cases involving sordid sex. Similarly, “hostile
male peers sometimes accused women of being in law school to find a husband,
or of taking the place of a male who, as a future breadwinner, needed the education
more than she”. Women encountered hostile treatment at many law schools
including renowned institutions of legal scholarship like Harvard Law School
where women were not admitted until 1950.