Document Type
Article
Publication Date
2022
Keywords
legal history, women's rights, property, unmarried women, homesteading, western history
Disciplines
Family Law | Law | Law and Gender | Legal History | Legislation | Property Law and Real Estate
Abstract
When Congress passed the Homestead Act of 1862, it decided to distribute land to single, unmarried women. Most Congressional members who supported including unmarried women did so because women were a necessary part of empire building—women were expected to marry, bear children, and engage in building permanent communities. Few Congressional members cared about women’s equality or the progressive goals of the women’s rights movements, although some Congressional members thought women would be incapable of successfully homesteading. This Article presents the fascinating history of including unmarried women in the Homestead Act of 1862 by conducting an intensive study of the Act’s statutory history, beginning in 1843. Building on the work of historians, this Article analyzes how the lived experiences of female homesteaders matched up with the expectations of the Congressional members who included them, on such topics as women’s willingness and ability to homestead, women’s equality, and women’s role in marriage and reproduction. Throughout, this Article explores how this statutory history can influence our understanding of antebellum unmarried women’s rights.
Publication Title
Wayne Law Review
Recommended Citation
Hannah Haksgaard, Including Unmarried Women in the Homestead Act of 186267 Wayne L. Rev. 253 (2022).
Included in
Family Law Commons, Law and Gender Commons, Legal History Commons, Legislation Commons, Property Law and Real Estate Commons