The fact that women didn’t have the right to vote until 1920 isn’t quite correct. It turns out the journey of women’s suffrage to the 19th Amendment is more complex, and comical than expected. In colonial days, states limited voting to “freeholders” — persons that owned land. The reasoning was based on a fear that individuals without property would vote for extravagant spending measures since they didn’t pay property tax. But land was cheap back then so a large majority of free adult males could vote.
Some states allowed free Black males to vote. Women, in certain states could vote in local elections and town meetings. In New Jersey, based on their 1776 state constitution, allowed “all inhabitants” of legal age to vote — including women. However, in the heated election of 1807, widespread voter fraud was alleged. There were accusations that men dressed as women to vote twice. Of course, this could have been easily solved by passing a law prohibiting men in drag from voting. A simple, straightforward, direct solution, right? But nooooooooo, instead New Jersey withdrew women’s right to vote. As an aside, why does this feel vaguely familiar today? Have male politicians learned nothing in 216 years?
While voting was nixed, during the first half of the 19th century, women did gain other rights. Women gained the right to own and control property independent of a husband. They could enter into contracts along with the right to sue and be sued. After the Civil War, as the Reconstruction Amendments passed, the push for women to vote resurfaced. Recall that the 14th Amendment Privileges and Immunity Clause guaranteed that “all persons born or naturalized in the United States……are citizens of the United States….. and no State shall…..abridge the privileges or immunities of citizens…….nor deny…the equal protection of the laws.” Early feminist and social reformer, Susan B Anthony, was convinced that the 14th gave women the right to vote. So, in the election of 1872 she voted in Rochester NY. Two weeks later, she was arrested for illegal voting, convicted, and fined. She refused to pay the fine and the authorities wisely forgot the whole thing. A separate case eventually made it to the Supreme Court and the court ruled that “while women were citizens within the meaning of the Fourteenth Amendment, citizenship alone did not confer the right to vote.”
Meanwhile, in the Wyoming Territory, its constitution guaranteed the right of women to vote. When Wyoming applied for statehood, Congress hesitated because of the suffrage issue. But the Wyoming legislature fired back with “We will remain out of the Union 100 years rather than come in without the women.” Congress caved and before the turn of the century, there were four women’s suffrage states — Wyoming, Utah, Colorado, and Idaho.
Eventually, the 19th Amendment was passed in 1919, but ratification was a battle since it takes ¾ of states to ratify. The wording of the 19th is brief and states “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.” Tennessee was the state that put the Amendment over the top in a 49-47 squeaker. Reportedly the decisive vote was cast by 24-year-old Harry Burn, who was pushed by his mother’s letter to “be a good boy” and vote for ratification.
Today, ignoring the current legislative missteps of male-dominated legislation hostile to women, I sense an undercurrent of change that I do not understand, but fully support. The era of “women” is emerging. In 2021, there were 21 million Americans enrolled in college with 12 million being female and 9 million male. The ratio of females in graduate school is even greater. This is the reverse from when I was in school. There are now more women employed in professional or managerial occupations than men. This 118th Congress has a record number of women. I fully expect that there will be a record turnout of female voters in November. I find it hard to understand why the Republican party cannot see this coming and thinks it can win by being so divisive.
