Archaic Laws Regarding Women Repealed from State Legislature

When governing bodies enact legislation in any era, it’s done with the expressed interest, one can only hope, in being not only fair and just, but representative of an entire citizenry.

Well, about that. Sure, men, namely white men, have acted in what they believe have been the country’s best interest since, um, forever, but that’s a difficult notion to honestly believe considering just how unequal representation has been since, um, forever.

On Monday, State Sen. Jen Beck (R-12) announced that several obsolete statutes concerning the status of women, enacted well before women had the right to vote, have been repealed from New Jersey State Law.

“The repeal of this language signals how far we have come,” Beck said in an emailed statement. “Considering some of these laws were originally put in place to serve as protection for women concerning property rights. Of course some of these statutes can be viewed as absurd now, and in any century.”

Beck, a prime sponsor of the repeal bill, called the laws “offensive and truly archaic.”

Some of the laws now gone from the legislation include one that prohibits a woman who has been “ravished” from receiving her dower if she consents to the ravisher, and another gem that allows a rapist to marry his victim if he’s been arrested and charged wit the crime.

Several statues of the Married Women’s Property Acts, which, according to New Jersey Women’s History, were enacted in 1852, have also been excised from the law books. For a frame of reference, it wasn’t until 1920 that the federal government passed legislation making it illegal to prohibit voting rights based on gender in the United States.

Take a look at the following laws and statues repealed by Beck’s recently approved bill:

3A:1 37-3. Bar by consent to ravisher

If a wife after being ravished, consent to the ravisher, she shall be disabled and forever barred from having her jointure or dower, unless her husband is voluntarily reconciled to her and permits her to dwell with him, in which case she shall be restored to her jointure or dower.

37:1-5. Immediate marriage if arrested upon criminal charge

If a person is arrested upon a criminal charge, involving an accusation of bastardy, rape, fornication or of having had carnal knowledge of an unmarried female, and the accused person consents to marry such female, any licensing officer is authorized to immediately issue a marriage license irrespective of the provisions of sections 37:1-3 and 37:1-4 of this Title.

Excerpts from some of the statutes in the “Married Women’s Property Acts” that would be repealed are set out below:

37:2-2. Married woman may make will

Any will or testament, made in due form of law by a married woman above the age of twenty-one years, disposing of any real or personal property, shall be as valid and effectual in law as if she were, at the time of the making thereof, and at the time of her death, an unmarried woman.

37:2-3. Domicile of married woman

The domicile of a married woman shall be established by the same facts and rules of law as that of any other person for the purposes of voting, officeholding, testacy, intestacy, jury service and taxation.

37:2-6. Actions or suits by or against married woman without joining husband

A married woman may sue or be sued without joining her husband, in any case whatsoever in which he would not be a necessary party if he were not her husband.

37:2-13. Wages and earnings

The wages and earnings of a married woman acquired or gained by her in any employment, occupation or trade since July fourth, one thousand eight hundred and fifty-two, or acquired or gained by her prior thereto in any employment, occupation or trade carried on separately from her husband, and all investments of such wages, earnings, money or property shall be her separate property as if she were a feme sole. . . .

37:2-14. Paraphernalia

The paraphernalia of a married woman, being the suitable ornaments and wearing apparel of a married woman, which have come to her through her husband during coverture, shall be her separate property as if she were a feme sole.

37:2-25. Mental incompetency of husband; conveyance of real estate by wife under order of court; bar to rights of husband

In case any married woman owning lands situate within this State, shall desire to convey the same, but shall not be able to do so by reason of the lunacy or other mental incapacity of her husband to join with her in the execution of proper deeds of conveyance therefor, it shall be lawful for the Superior Court, in an action brought for that purpose, to direct that such married woman may convey the said lands by deed or deeds executed by herself, without the concurrence of her husband.