The Second Wave Of Feminism: 1920-1980s

Imagine, the supposedly happiest day of your life was also the day that you signed all of your rights away. It is hard to imagine that as far back in history as we can remember, marriage was not even close to what it is today. Marriages use to be arranged and as a woman, you would have no say in your own future. Prior to the first wave of feminism (1792-1920) woman did not have many rights to beginning with. Woman were seen as being more of a piece of property rather than a human being. However, the little bit of rights that they had, would be taken away from her the minute she said “I do”. During the second wave of feminism (1920-1980s), there were slight changes made when it came to domestic laws for woman who were married. Throughout
the first and second wave of feminism, the beginning of the development of domestic laws, and woman liberation from men really began. First I will talk about the lack of domestic laws and the fact that when a woman became a wife, she lost all of her rights to her husband. This will be done by looking at articles from Elizabeth Cady Stanton and John Stuart Mill. I will then talk about how there were slight changes within domestic laws and females rights in marriage during the second wave. This will be done by looking at articles from the Nationals Organization For Woman and Redstockings. Following that I will discuss my own reactions to the different waves in response to female rights during marriage. Lastly I will connect this to a current situation in American society where this issue is seen. During the first wave of feminism (1792-1920) the main focus of this wave was in legal issues, gaining females the right to vote. Throughout this wave and prior to it, woman really did not have many rights, especially when it came to marriage. Once a woman said “I do” she pretty much signed any little rights that she had over to her husband. There were many issues during this period, such as the fact that there was no such thing as divorce and no domestic laws. Elizabeth Cady Stanton in her article “Declaration of Sentiments” from The History of Woman’s Suffrage” in 1870, she breaks down what happens to a female once she is married. Stanton talks about the fact that during this time there were not many laws that protected woman or their rights. While another author who looks at this same issue is John Stuart Mill in his article from 1848 “From The Subjection of Woman”. Stanton breaks down the fact that, the husband has all the power over her. “He has made her, if married, in the eye of the law, civilly dead” (Stanton 84). Saying that in the eyes of the law, she no longer has any rights of her own, they all belong to her husband. Anciently the female had no power, he had the “power of life and death over his wife” she could not appeal any law against him for his actions (Mill 93). Also it is mentioned that in marriage “He has taken from her al rights in property, even to the wages she earns” (Stanton 84). If she had any property left to her from her family or that she has previous gained on her own, once married those properties go to him. “He can take the property from her by personal violence” (Mill 93). If she is lucky and is a woman who was working, all of the money that she made, that would immediately go to him, in his bank account. In marriage she is committed to be “obedient to her husband, he becoming her master-the law giving him power to deprive her of her liberty, and to administer chastisement” (Stanton 84). Because there were no domestic laws, her husband was allowed to beat her and was never punished for doing so. When it came to her husband forcefully taking her property from her “he can neither be punished, nor compelled to restitution” (Mill 93). With divorce being something that was not permitted in the rare case of separation, the guardianship of the children was to be left in the hands of the husband (Stanton 84). During the first wave of feminism, when a woman became married, she signed all of her rights over to her husband. Things slightly started to change during the second wave of feminism. Throughout the second wave of feminism (1920-1980s) the main focus was on social change such as getting woman into the labor forces.
While this wave also brought upon the beginning of awareness of domestic violence. In regards to woman’s right when married and domestic laws, not much changed from the first wave to the second. During this wave it was more so about bringing out awareness of what was happening, but not much change. The article that I focused on for the second wave was, “Statement of Purpose” by National organization for woman in 1966. There is the idea that throughout this movement that there needed to be a greater focus on laws that protect and give equality for woman. It was mentioned that “we seek to open a reexamination of laws and mores governing marriage and divorce, for we believe that the current state of “half-equality” between the sexes discriminates against both men and women, and is the cause of much unnecessary hostility between the sexes” (National Organization For Woman 187). This wave brought up the awareness of the issues and brought them to the light for reevaluation. This article also mentioned that “woman will develop confidence in their own ability to determine actively, in partnership with men, the conditions of their life, their choices, their future and their society” National Organization For Woman 187). This is saying that once there are more laws that will protect woman in marriage, they will grow as individuals. One will
not be able to grow in a positive way when they are always in fear of their husbands or because they lost their rights to their husbands. Woman in marriage still did not have power of their husbands because there were still no laws against domestic violence. The focus of this wave was getting woman into the labor forces, while also bringing to light the issues of domestic violence towards married woman by their husbands. Prior to learning about this in class, I had no idea that woman did not have rights once they were married. I guess I always figured that no matter what, we always still had our natural rights to some extent. I was very interested in learning about how little woman had and once they were married, everything was taken away from them. I understand that males have always been the dominate sex, but I never knew to the extent in marriage. I could not imagine what the wives had to go through during that time. Also the fact that it took so long for domestic laws to come into play is disgusting. I would never want to be married, if everything that I ever had or worked for was giving to my husband. I was really shocked to learn the fact that if separated, the husband would get the kids, no questions asked. Not much changed during the second wave when it came to this issue, however, it was good that there was a start to build an awareness to the issue. When looking for contemporary examples of this issue, I decided to focus on domestic violence.
Now the Violence Against Woman Act (VAWA) was not enacted in the United States till 1994. Now these law do help to protect woman against violence, yet it still happens today. I found an article “Should Homicide Laws Have a Domestic Violence Loophole?” By Robin L. Barton from 2016. Barton discusses the fact that in many cases of homicide when domestic violence is their cause, and it happens when they are not being abused, if it should be looked at as a domestic violence case. Barton mentions the fact that in 1970 the term Battered Woman Syndrome was introduced based on the abuse of woman by their spouses or their intimate partners. Barton mentions that “Domestic or intimate partner violence is clearly a serious issue. According to the National Domestic Violence Hotline, in the U.S., 24 people per minute are victims of rape, physical violence or stalking by an intimate partner—more than 12 million women and men over the course of a year.” So obviously even through there are laws in place today to protect woman, they are still being victims of domestic violence. Barton also mentions that in domestic violence cases “Killing an abusive partner is not the only option” that there are hotlines and shelters that once can go to. Yet, what if that is not an option and either way you know that you will be beaten or even worse for trying to do something about it. Barton says that “A
battered wife who executes her abusive spouse [is]…acting as judge, jury, appeals court and executioner” this is a very interesting way to look at an individual who suffered from DV and did something about it. Barton mentions that there should be a “loophole” in murder of self-defense laws, so that the circumstances of the murderer should be seriously taken into consideration. While there laws in place today to protect woman from domestic violence, they still to this day are suffering from it. During the first and second wave of feminism, there were only slight changes made when it came to womans rights in marriage and domestic laws. During the first wave, woman lost all of their rights to their husbands as soon as they said “I do”. They lost everything to their husbands, when to begin with they did not have many rights. During the second wave of feminism, there was the beginning of bring the awareness of domestic violence. Yet at the same time, not much changed in regards to lack of rights for woman who got married. The main difference between the different waves, was the fact that domestic violence started to be talked about and brought into the light. Even though there were eventual domestic violence law put into place, today woman and men still suffer from domestic violence. Progress has slowly but surely been made since the 20’s however, we still have a long way to go. Domestic violence is still a very common issues, and will not go away on its own.