Sara Chatfield, "In Her Own Name: The Politics of Women’s Rights Before Suffrage" (Columbia UP, 2023)
Dec 18, 2023
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Guest Sara Chatfield, author of 'In Her Own Name: The Politics of Women’s Rights Before Suffrage,' discusses the two-level process of married women's property rights reform, the history and implications of coverture, the interdisciplinary approach to understanding state power and women's economic citizenship, soul trader laws and testamentary rights, women's creative ways to evade constraints, analyzing laws and borrowing practices, and the court's narrow interpretations.
Married women's economic rights in the United States spread through a two-level process, with states developing and adopting reforms that were then copied and learned from by other states.
The legal concept of coverture restricted the rights and autonomy of married women in the United States, including control over property, ability to sign legal contracts, and appearing in court independently, perpetuating gender hierarchies and limiting women's agency.
Deep dives
The Spread of Married Women's Economic Rights
This podcast episode explores the spread of married women's economic rights in the United States from the 1830s to the 1920s. The episode highlights how these rights were expanded through a two-level process, with individual states developing and adopting reforms that were then copied and learned from by other states. The reforms focused on areas such as property ownership, control over earnings, and the ability to operate businesses independently. The episode emphasizes the motivations of male legislators, who pursued these reforms to address economic, social, and political challenges. The impacts of these reforms were not race-neutral, as they largely benefited white women while perpetuating broader racial inequalities.
Life under Coverture
The podcast delves into the legal concept of coverture, which restricted the rights and autonomy of married women in the United States prior to the reforms. Under coverture, women lost control over their property, their ability to sign legal contracts, and their right to appear in court independently. The episode highlights that coverture went beyond property rights and had far-reaching implications for many aspects of women's lives, including their ability to make decisions, control their wages, choose their domicile, and conduct business transactions. This comprehensive loss of rights and legal disabilities limited women's agency, perpetuated gender hierarchies, and shaped societal norms within the context of marriage.
State-Level Variations in Reforms
The podcast focuses on specific case studies from different geographic regions to highlight the variations in the reform of married women's economic rights. It explores the early adoption of reforms in states like Mississippi, which saw economic incentives in property rights for slaveholding families, while other states like Florida lagged behind in granting more extensive rights. The episode also discusses the role of women's movements and feminist organizing in the Northeast and Midwest, which played a significant role in pushing for reforms that granted more power and autonomy to married women. Additionally, the podcast highlights the motivations behind reforms in the Western states, where the goal was to attract women settlers and establish a more balanced society. The territorial history, native land dispossession, and the need for families were all factors that influenced the reform process.
The Interaction of State Legislatures and Courts
The podcast examines the complex interaction between state legislatures and the courts in implementing and interpreting reforms. While courts often narrowly interpreted the statutes, balancing protective and empowering elements, the resulting restrictions led to popular pressure for broader reforms. The episode emphasizes the role of courts in spurring legislative action to simplify the laws and grant more expansive rights. It also highlights the importance of understanding the ambivalent goals of male legislators who sought to strike a delicate balance between empowering married women and preserving patriarchal norms within marriage. The interplay between legislatures, courts, and popular pressures shaped the development and scope of married women's economic rights in the United States.
We often narrate the history of women’s rights in the United States by focusing on the fight for suffrage. Yet starting as early as 1835, states expanded married women’s economic rights. How were these statutes passed at a time when women’s political power was severely constrained, including no right to vote in most states? With limited national coordination?
In In Her Own Name: The Politics of Women’s Rights Before Suffrage(Columbia UP, 2023), Dr. Sara Chatfield argues that married women’s property rights reform occurred through a two-level process. Within each state, policy developed and cycled through different state-level institutions. Without explicit coordination, these policies spread throughout the states with institutional actors borrowing, copying, and learning from the successes and failures of other states – such that ALL states passed some reform by 1920. Dr. Chatfield’s important contribution to the American political development literature shows how male legislators pursued legislation that served their own interests and how state legislatures and courts interacted to create property reforms essential to changing economics, the project of permanently seizing land from Native people, and protecting slaveholding women and families from economic instability. The reform of property rights included both property as a commodity and also a means of social control and order. Dr. Chatfield’s book furthers our understanding of how gender, federalism, and liberalism interacted in the development of state power.
In the podcast, Dr. Chatfield generously cites the works of others including Disenfranchising Democracy: Constructing the Electorate in the United States, the United Kingdom, and France (my NBN interview with Dr. Bateman here), Emily Zackin and Chloe N. Thurston’s The Political Development of American Debt Relief (Chicago), and Alena Wolflink’s Claiming Value:The Politics of Priority from Aristotle to Black Lives Matter (Routledge).
Dr. Sara Chatfield is an assistant professor of political science at the University of Denver, where she teaches classes on American politics and law. Her research interests focus on American politics, especially American political development, gender and politics, and methods.
Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.