What is it about?

A surviving pre-suffrage women's rights and professional organization, the National Association of Women Lawyers, drafted a model no-fault divorce reform Bill in 1952. The organization, that exists to this day, considered this effort its "greatest project" of the decade. Yet, when the divorce reform movement of the late 1960s took off, the women of NAWL, along with the Family Law Section of the ABA that they helped create, were marginalized. The reasons for that shed light on the state of divorce reform in the 1950s, the alleged culture of domesticity of the 1950s, and the continuity of women's activism in the so-called doldrums years.

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Why is it important?

Until now, NAWL’s campaign was an unstudied episode in the history of no-fault divorce reform, which has focused above all on the legal developments of the 1970s. NAWL’s project occurred at a time of significant social change in American families but when the legal establishment apparently could not summon the will to change old patterns of divorce law. The women lawyers were unique in that they advanced a concrete proposal for legislation. It is particularly fascinating, however, to view NAWL’s self-described “greatest project” in the context of who these women lawyers were: Historians have included NAWL in the so-called “core” of women’s rights organizations that survived after the achievement of suffrage in 1920 and continued to carry the torch of activism until a mass women’s movement revived in the mid-1960s. While by no means a tale of radical activism, the story of NAWL nonetheless confounds stereotypes about women in the 1950s.

Perspectives

As part of a book of historical essays about constitutional law, social justice movements, and race and gender that I am writing, I consider NAWL and their role in the 1930s on behalf of women's jury service. Their activism continued throughout the 1940s and 50s as well. The organization was a big tent home for feminist legal figures such as Dorothy Kenyon, as much as for more conservative professionals. NAWL intrigues me because although it is not quite a good fit with the newer scholarship on "labor feminism" and similar progressive forms of women's activism after 1920 in the so called "doldrums" of the women's movement, its divorce reform project also refutes a very narrow view of women's rights' concerns in those years. As both a scholar of the Constitution and of Family Law, NAWL fascinates me.

Laura Oren
University of Houston Law Center

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This page is a summary of: No-Fault Divorce Reform in the 1950s: The Lost History of the “Greatest Project” of the National Association of Women Lawyers, Law and History Review, September 2018, Cambridge University Press,
DOI: 10.1017/s0738248018000172.
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