“The future for women law graduates is bright”

Emily Kempin-Spyri, first woman law graduate in Switzerland, 1888

Arabella Mansfield is often cited as the first woman lawyer in the United States, gaining admission to the bar in 1869 (although she never practiced). By the time Lavinia Goodell was admitted to practice law in Wisconsin in 1874, she joined a small coterie of a dozen or so other American women. A previous post featured Lidia Poët, Italy’s first woman lawyer. The first Swiss woman to earn a law degree was Emily Kempin-Spyri.

Emily Spyri was born in 1853. She was the niece of Johanna Spyri, the author of Heidi. She was born into a wealthy family but married against her father’s wishes. Her husband, pastor and social reformer Walter Kempin, supported her aspirations to become a lawyer. She graduated from the University of Zurich’s law school in 1883 and earned a doctoral degree, summa cum laude, in 1887. However, she was denied the right to practice because she was not an “active citizen” of Switzerland. The Swiss constitution required a citizen to pay taxes and serve in the military, which excluded women. After her appeal to the Supreme Court but was denied, she came to New York where there were greater opportunities for women lawyers. In order to familiarize herself with American law, she applied for admission to Columbia College Law School. It was four months before her request was denied, but in the meantime she had been quietly attending the school’s lectures. New York University allowed her to attend law classes, as a courtesy to the University of Zurich, with the understanding that her attendance would create no precedent for other women. Unfortunately, she was denied admission to the New York City bar association because she was a foreigner. She then co-founded a free legal clinic for the poor and soon afterward decided to establish a law school for women.

“The position of lawyer was an office exercisable only by males.”

Court of Appeals of Turin, Italy in ordering the disbarment of Lidia Poët, Italy’s first woman lawyer, in 1883

When Lavinia Goodell was denied the right to appear before the Wisconsin Supreme Court in 1876, the Chief Justice wrote that by appearing in court a woman would “unsex” herself and commit “treason against nature.” Lidia Poët, Italy’s first woman lawyer, was subjected to very similar sentiments by an Italian court in the early 1880s.

Lidia Poët was born in 1855. After high school, she enrolled in law school at the University of Turin. She graduated with honors and wrote a thesis titled “Condition of women with respect to constitutional law and administrative law in elections.”  For two years she was an apprentice in the office of a progressive senator and lawyer. In 1883 she passed a bar exam and asked the Order of Turin to admit her to the register of attorneys. Her request was granted, by a vote of 8 to 4, but two of the naysayers were so outraged that they resigned from the Order in protest.

The Attorney General of the King challenged Lidia’s registration. An appellate court ruled against Lidia and cancelled her registration. It said that even though the law regulating the legal profession did not expressly exclude women, since it did not expressly say they were included, women could not practice law.  

“Lydia Maria Child has a good letter to the editor.”

Clarissa Goodell to Lavinia Goodell, March 3, 1866

Best known for her Thanksgiving poem “Over the river and through the woods,” Lydia Maria (pronounced Mar – eye – ah, the same pronunciation as Lavinia Goodell’s sister Maria Goodell Frost’s name) Child was an  influential nineteenth century woman author. She was also an ardent abolitionist who was well known to Lavinia Goodell and her family. (In an 1861 letter, Child mentioned Lavinia’s father William, complimenting the  “close, hard logic of Goodell.”)

Child was born Lydia Maria Francis in Massachusetts in 1802.  She wrote her first book at age 22, Hobomok, A Tale of Early Times, a scandalous novel for its time telling the story of a Native American warrior who fell in love with a white woman. Child’s rapidly rising literary star gained her friends in the highest pantheons of literature, including Edgar Allen Poe and John Greenleaf Whittier. Children’s books and a children’s magazine, The Juvenile Miscellany, followed.

In 1828, she married David Lee Child, an idealistic lawyer, writer, abolitionist, and believer in women’s rights. His reckless business ventures condemned the couple to a life of debt, and the money Maria earned from her writing barely kept them afloat.  

In the early 1830s, the Childs met William Lloyd Garrison and became active in the antislavery movement, a commitment shared by the Goodell family.