Sandra Day O'Connor
My wonderful colleague, Justice Ginsburg, and judge green and President Sabbath, and the other judges who were kind enough to be here tonight for this event. And all the distinguished guests who are here, including one of the two women on the Supreme Court of Israel, and half the membership of the most distinguished organization in the area, the male auxiliary of the United States Supreme Court.
If you think I was happy when Justice Ginsburg was appointed, You Oughta Know how happy my husband was. Well, it's a special treat to participate in this particular meeting of the women's Bar Association of the District of Columbia. And the foundation, as well. And to join you here tonight to honor my newest colleague, Justice Ginsburg. And to look out at this audience tonight, which includes so many distinguished women in the legal profession, gives me a sense of achievement and a change. When I first started to practice law in Phoenix, Arizona, in 1958, the women lawyers in that area would gather occasionally to have lunch with justice Laurin on Lockwood, the first woman to serve on the Arizona supreme Court, we could, and we did all fit around one round table for eight. But it was a start. And our numbers have multiplied in Arizona and across the land. I'm often asked whether it makes a difference that we have women judges, and whether the Justice dispensed by women judges is somehow different than that, that we would expect from men and answering such questions. I often reflect on those early days in Phoenix, Arizona, where it mattered a great deal to me as a young woman lawyer, that another woman was on my state's highest court and that she showed an interest in the progress of other women in the legal profession. And today, I can say that it's still matters a great deal to me to have a second Justice Ginsburg, on the Supreme Court, a woman who has aided directly, in so many ways, the progress of women in this country, it was a happy day indeed, when she was nominated.
Of course, our country arguably function perfectly well for 191 years without a woman on the Supreme Court of the United States. That all male court decided many seminal civil rights cases, among them Brown versus Board of Education, and a plethora of decisions striking down laws that discriminated on the basis of gender. And even today, women represent only some seven and a half percent of the judges in this country, but most observers nonetheless conclude that we have one of the most functional and fair judicial systems in the world. I suspect, however, that you share my intuition. And my experience, that having women on the bench and and other positions of prominence is extremely important. The self perception of women is informed by such examples, and by the belief of women that they too, can achieve professional success at the highest levels. As soon as I was nominated to the Supreme Court, I began to receive a flood of letters from women expressing how important it was to them to have a woman on the court. One that I received very early on sums up how a great many women in this country reacted to the nomination. It said I cannot begin to describe with what delight I viewed the surprising headlines in Chicago's newspapers the day of your nomination. I actually stood there with my mouth hanging open, and an idiotic grin on my face, feeling overwhelmingly euphoric and proud. What it affirms to this 27 year old female, is that determination, judiciousness, skill and professionalism are valued and reward in our society. That females certainly do possess these qualities that people will find it increasingly difficult to deny and discouraged these in females. And that there is absolutely no excuse not to get everything I want in life. Now some women even gave me advice about how to deal with my brother. One Road dear Justice O'Connor, I'm so Proud of you as a woman, the old Supreme Court will never be the same with a lady among those men. That should wake them up a little. Don't let them push you around. Well, these attitudes were not shared by everyone. However, breaking down the resistance of some members of our society to the full participation of women, and all professions, has been a gradual process at best. For example, one disgruntled gentleman wrote me, Dear Mrs. O'Connor. I am disgusted and disappointed that President Reagan has nominated a woman to the Supreme Court. A female justice engaging and routine matters would find herself asserting issues and arguing contentions activities, which more accurately become the Marxist related feminists rather than a white fund mother who respects the components of a family. In view of these matters, I hope that you turn down President Reagan's nomination.
While most of the early women legal pioneers, mentioned by Justice Ginsburg faced a profession in a society that espouse similar attitudes of view that women were by nature, different from men, women were said to be fitted for motherhood and home life. compassionate, selfless, gentle, moral and pure. Their minds were attuned to art and religion, not logic. Man, on the other hand, were fitted by nature for competition and intellectual discovery in the world. Battle hardened shrewd, authoritative and tough minded Women were thought to be ill qualified for adversarial litigation because it required sharp logic and shrewd negotiation, as well as exposure to the unjust and immoral. In 1875, the Wisconsin Supreme Court told Lavinia Goodell that she could not be admitted to the State Bar, because practice of law was unfit for the female character. To expose women to the brutal, repulsive and obscene events of courtroom life, the Wisconsin court concluded, would shock man's reverence for womanhood and relax the public's sense of decency. similar cases were Legion. Even Clarence Darrow, one of the most famous champions of unpopular causes, had this to say to a group of women lawyers. You can't be shining lights at the bar because you're too kind. You can never be Corporation lawyers because you are not cold blooded. You have not a high grade of intellect, I doubt you can ever make a living. Another male attorney of the period commented, a woman can't keep a secret. And for that reason, if no other I doubt if anybody will ever consult a woman lawyer. Well, breaking free of these limiting constructs required some good examples. Recent sociological literature strongly suggests that positive role models play a significant part in professional and other achievements. One study which focused on the role models of women attorneys, shows that women lawyers whose mothers were themselves professionals use their mothers as role models with with much greater frequency then mothers who did not work. Another study focusing on children showed that they tend to perceive careers in which men predominate as being for males only. Whereas careers more frequently pursued by women are considered gender neutral, not surprising light. Among the jobs falling into the male own light category are farmers, astronauts, basketball players, miners, firefighters, Forest Rangers, soldiers and mechanics, jobs which To this day, continue to be male dominated. The gender neutral category includes zookeepers, computer operators, teachers, artists, tennis players, singers, doctors, and more recently supreme court justices
All jobs visibly held by a significant number of women, even as the number of women lawyers has increased within the legal profession itself, stereotypes and lack of visible role models may influence women's career choices. For example, there is a tendency among women lawyers to choose sectors of the law such as consumer and environmental protection, domestic relations and juvenile legal problems. As recently as 1980 17% of women lawyers were employed and government work, compared with 8.6% of male lawyers. Similarly, less than 5% about 5% of women had Legal Aid or public defender jobs as compared with 1% Ma'am, of course, there are many good reasons for any attorney to pursue a public service career. But there's no particular reason for the numerical disparity we see between men and women. Significantly, however, as more women have become lawyers, and have begun to visibly participate in all aspects of the profession, the number of women in the private sector and other traditionally male areas of the law has steadily increased. The visible presence of women in significant and powerful positions has a real and a tangible effect on the lives of other women striving to advance both personally and professionally. I would like to read to you tonight from a letter I recently received from one of my former law clerks, which is a case in point her letter was a case by Justice Ginsburg's appointment to the court, it's a long letter, but bear with me as I read it. She wrote, I can't tell you how happy it makes me and so many others. To see justice Ruth Bader Ginsburg joining you up there. Professor ginsburg actually played a key role in my life. When I began to think about law school as you know, I did not have a college degree. I began working like a demon hunter earn my college credits in the region's external degree program. I applied to all the law schools within striking distance of my home. I was admitted to a local school and the Columbia University. I'm sure the only reason I was admitted to Columbia is that I talked my way into the admissions office to plead my case. I borrowed a wine colored polyester blazer with wide lapels From my friend Betty. In 1980, I was a wife and mother, erstwhile water meter reader and nursery school teacher. I owned only blue jeans and dresses. But Betty owned an authoritative and serious looking blazer. Because she was then juggling roles as wife, mother of three part time Rn and master student and health policy at night. When I visited Columbia, it was my first the first time I'd ever driven into New York City and I got a parking ticket. But I managed to convince the dean that I really would be able to earn the 108 college credits I still needed in the next six months. And the Columbia should take a chance on me. Although he did ask how I plan to care for my children. Something we would never ask a woman applicant nowadays. Columbia admitted me but our local Law School nearer to home offered me substantial financial aid. I had responsibility for children ages 610 and 11. a tight family budget and a husband who was very supportive but traveled a great deal. It seemed to make sense for me to go to school closer to home. Besides what business that I have going to Columbia, I remember a friends of friends said to me and my husband why spend the money for what you want to do a community college is good enough.
Columbia was for real lawyers, not housewives like me. During this period, Columbia invited all admitted students to Myra Bradwell day. Again, I borrowed the blazer hoping to blend them and look like a real law student. That was the first time I saw just Professor ginsburg. As I recall, she was the moderator of a panel of Columbia grads. Speaking about balance Career and personal lives, and what it was like to be a woman lawyer. Looking back, I appreciate how often Ruth ginsburg must have been tapped to organize or moderate a panel on women, how busy she was, and how tempting It must have been to say, No, I'm grateful she did not. That panel made me actually believe that I belonged at Columbia. What I remember is not so much what the speaker said as the fact that they were real women. I could imagine working with an even being like, they were smart, serious, Frank and funny. Just like my friends. It seemed as if they could be deeply committed to jobs and issues, and still deeply committed to their children, husbands and parents. My husband had been encouraging me to go to Columbia, but this was the first time I really felt entitled this year. I pay the last installment on my student loans, everything the loans, the long commute the naked fear of flunking out, was worth it. It was the beginning of refusing to allow myself to be defined by others, meager expectations. remembering how much a word of encouragement from people like you and Professor ginsburg meant to me, I know the power of simply seeing a woman actually doing the job. It gives people who are forming their own identities that whatever age, a strength that gets passed back and forth over the years while the importance of such positive influences simply can't be underestimated. And I think you will agree with me that it's no mere coincidence that the law clerk who wrote that wonderful letter is now attending. Professor of Law at the University of Pennsylvania law school. It's interesting and I confess somewhat troublesome to me that justice the Supreme Court and our society in general, have question the loose spitting generalizations, myths and archaic stereotypes that previously kept women at home. The new presence of more women and the law has prompted many feminists commentators to ask whether women have different styles, aptitudes, or liabilities. Ironically, the move to ask again the question whether women are different merely by being women recalls the old myths we have struggled to put behind us. Undaunted by the historical resonances however, more and more writers have suggested that women practice law differently than men. Scholars have undertaken studies of the methods and decision making of women judges in comparison with their male counterparts. To my surprise, one author has surmised that my opinions differ in a peculiar, late feminine way from those of my colleagues, my male colleagues, she concluded that my opinions reveal that I've been less willing to permit violations of the right to full membership and the community that I view the shaping of the values of the community through governmental processes as an important function of the community, that I employ a contextual approach and tend to reject so called bright line rules.
I would guess that my colleagues would be as surprised as I by these conclusions. More generally, women attorneys have been characterized as more likely to seek seek to mediate disputes Then to litigate them to focus on resolving a client's problem rather than vindicating a position and more likely to sacrifice career advancement for family obligations. This writing is interesting. You read it, I'm sure as do I. But it's troubling also precisely because it's so nearly echoes the Victorian myth of the true woman that kept women out of the law and the other professions for so long. It's a little chilly to compare these suggestions to Clarence barrows assertion that women are too kind and warm hearted to be shining lights at the bar indeed threatens to establish new categories of women's work to which women are confined and from which men may be excluded. The most important change affecting women lawyers has been the dramatic change and attitudes toward bold participation of women in public and private life. This change has occurred largely in my lifetime. But we still have a way to go before we can be satisfied with the status quo. Perhaps a letter I received just two years ago from a young student in New Jersey will illustrate the point. It said, Dear Mrs. Sandra Day O'Connor, I hear that you are the only woman in the Supreme Court. I heard that you learned how to ride a horse. We read a book about your life. I think you're the fairest judge in the USA in the future. I hope you will be a president's wife
Love, Chris. Well, out of curiosity, I inquired whether Chris was a girl or a boy. Chris, it turns out is a boy. But the letter justice likely could have been written by a girl. being president, it seems is still saying in the mail only category. I look forward to the day when all youngsters, male and female, regard all positions and public service as gender neutral. So the question
so the question remains, do women judges decide cases differently by virtue of being women? I would echo the answer of another woman judge justice Jeanne Coyne of the Supreme Court of Minnesota Who says that a wise old man and a wise old woman reach the same conclusion. This then should be our aspiration, whatever our gender or background, that we all may become wise, wise through our different struggles in life and our different victories, wise through our work and our recreation, through our profession and through our families. Thank you