Tuesday, November 03, 2020

New in 1920: Gentleman (and ladies) of the jury

Collier's Weekly, 1903

Ratification of the 19th Amendment to the U.S. Constitution ensured universal suffrage to women in the United States for the first time during 1920, but many barriers remained. Going into that election year, only seven states permitted women to be called as jurors: Utah, Washington, Kansas, Oregon, California, Michigan and Nevada.

Ratification of the 19th Amendment added five states to the total in 1920, either by court ruling or legislative act: Iowa, Indiana, Delaware, Kentucky and Ohio.

The ruling from Iowa Attorney General Horace M. Havner reached Lucas County on election day morning, as reported as follows in The Leader of Nov. 4, 1920:

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In the past, how often have you heard some attorney declaim, "Gentleman of the jury?" That expression may soon be changed, or rather probably will be, since the attorney general's office has given out the opinion that election judges shall make up jury lists from the list of voters of both sexes. Word to this effect was telegraphed County Attorney Wennerstrum early election day morning, and the intelligence passed on immediately to the various judges of election that day over the county.

Future jurys may therefore be different than in the past and no longer may the sterner sex monopolize the job of deciding who is in the right and who the wrong when justice is at stake. "Ladies and gentlemen of the jury" it soon will be, we suppose, for voters not only decide elections but jury cases as well.

Following is the attorney general's message: "C.F. Wennerstrum, County Attorney, Chariton, Iowa: This department is of the opinion that judges of election should make up jury lists from all voters, whether male or female. H.M. Havner, Attorney General."

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Seven more states were added to the total during 1921, but after that it was a slow process. Mississippi was the last state to allow women to serve on juries --- during 1968.


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