In re Leach

34 N.E. 641 (Ind. 1893)


Petitioner applied to be a member of the bar as a woman, but could not vote.


Whether a woman may be a member of the bar in IN, where she is not permitted to vote.


“Every person of good moral character being a voter, shall be entitled to admission to practice law in all courts of justice.”


Yes. While the constitution denies women the right to vote, it does not explicitly deny women the right to be members of the bar. There is no expression in common law stating that women shall not be members of the bar; and women are generally granted admission to all other forms of employment. “…that law which accords to every citizen the natural right to gain a livelihood by intelligence, honesty, and industry in the arts, the sciences, the professions, or other vocations. This right may not, of course, be pursued in violation of law, but must be held to exist as long as not forbidden by law.” The constitution says such rights are inalienable. Importantly, the constitution call thematically for equality and the absence of discrimination.

Comments are closed.