Coverture and Economic Gender Inequality in Early America
- April 26th, 2023
- in Capstone Commentary
By: Thomas Walsh
From the founding of British colonies in North America to the United States of the mid-20th century, women were denied property rights equal to those which men enjoyed. Though women still are often placed at a disadvantage in modern society compared to their male counterparts, these situations are often due to social norms and gender bias rather than inequality codified in law.[1] While it may be such that women are not given just control over property due to economic inequality, modern law recognizes no disparity between men and women in their respective abilities to own and control property. This has not always been the case. With roots in archaic British customs, restrictions on the ability of women to manage property were major features of American law for much of the nation’s history. Known as “coverture,” these chauvinistic legal traditions restrained the socioeconomic freedom and autonomy of women for centuries prior to, during, and after the founding of the United States.