First-Wave Feminism: Suffrage and Legal Personhood

How 19th- and early 20th-century feminists won the vote, property and custody rights for women as a sex class, its exclusions, and its use in today's debates.

Overview

First-wave feminism is the name later given to the organised campaigns, from roughly the 1840s to the 1920s, to win women the vote and to end the laws that made women, and married women in particular, legal dependants of men. Its causes were concrete: the right to own property and keep wages, to sign contracts and sue, to keep custody of one's children, to enter universities and professions, and finally to vote and sit in parliament.

The movement is worth studying today for one reason in particular. Every law it fought was written about the female sex. Women were excluded from the franchise, from universities and from legal personhood because they were female, and the people defending those exclusions argued from women's bodies: their brains, their wombs, their menstrual cycles. First-wave feminists answered that being female should carry no legal penalty. That history is now claimed by both sides of the argument over sex and gender identity, and this page sets out both readings (see Relevance to today's debates).

This page belongs to the feminism series. The movement that followed is covered in second-wave feminism, and the present-day legal question of what "woman" means is covered in sex vs gender identity in law.

Origins: Enlightenment rights and Wollstonecraft

The movement grew out of the Enlightenment, the 17th- and 18th-century intellectual movement that grounded political authority in reason and natural rights instead of tradition. The American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) proclaimed universal rights. In practice those rights belonged to men, and usually only to men with property.

The English writer Mary Wollstonecraft published A Vindication of the Rights of Woman in 1792. She wrote it partly in reply to the French statesman Charles Maurice de Talleyrand-Périgord, whose 1791 report on public education to the French National Assembly proposed public schooling for boys and a domestic education for girls (PolSci Institute). Her central argument was that women only appeared less rational than men because they were raised to be ornamental and dependent. If they were educated as rational beings, they would be capable of the same virtue and citizenship as men.

That argument made two claims that ran through the whole first wave, and the tension between them still matters:

  • Women are a distinct class with a common condition. Wollstonecraft wrote about women as a group whose shared situation came from law and custom imposed on them as females.
  • The traits assigned to that class are mostly learned. The vanity, weakness and dependence that her opponents called natural, she called the product of upbringing. In modern terms she separated the sex from the stereotypes attached to it (see gender stereotypes).

To understand what first-wave feminists were fighting, it helps to know about coverture, the English common-law doctrine (later inherited by the United States and the British colonies) under which a married woman's legal identity was absorbed into her husband's. The jurist William Blackstone summarised it in his Commentaries on the Laws of England (1765–69):

By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband… — William Blackstone, Commentaries on the Laws of England (1765), quoted in Michigan Law Review First Impressions

In practice, coverture meant a wife's personal property and wages belonged to her husband. She could not make contracts or sue in her own name, and in a separation the children were legally his. An unmarried adult woman (a feme sole) could own property, but she still could not vote, take a degree or enter most professions. Historians caution that Blackstone presented the doctrine as more uniform than practice was (Wulf), but it set the legal frame that reformers had to dismantle.

Custody, property and divorce reform

Reform came piece by piece, often driven by individual cases:

  • Custody. The British writer Caroline Norton was barred from seeing her three sons after her husband's failed lawsuit against Lord Melbourne. Her pamphlets helped pass the Custody of Infants Act 1839, which let mothers petition for custody of children under seven. English Heritage describes it as the first piece of feminist legislation (English Heritage).
  • Property in the United States. New York's Married Women's Property Act of 1848, passed months before Seneca Falls, let married women keep property they brought into a marriage. Other states passed similar laws over the following decades.
  • Property in Britain. The Married Women's Property Act 1870 let wives keep their own earnings and some inherited property. The 1882 Act let a married woman hold all her property "as a feme sole", as though unmarried (UK Parliament; legislation.gov.uk).
  • Divorce and violence. The Matrimonial Causes Act 1857 created civil divorce courts in England, and an 1878 Act let wives who had been assaulted by their husbands obtain separation orders (UK Parliament key dates).

The female body as a political issue

First-wave feminists did not campaign only about the vote and property. Josephine Butler led the campaign against Britain's Contagious Diseases Acts (1864–69). These laws let police in garrison towns detain women suspected of prostitution and subject them to forced internal examinations, while their male clients faced no checks. The Acts were repealed in 1886 (English Heritage; Health Foundation). In 1913 Christabel Pankhurst's The Great Scourge and How to End It attacked the sexual double standard and men's responsibility for spreading venereal disease. Its tone was moralistic, but it showed that the leaders treated sexual exploitation of the female body as central to women's subordination, decades before the second wave took up the theme.

Seneca Falls and the Declaration of Sentiments

The American movement usually dates its start to the Seneca Falls Convention in New York state, held on 19–20 July 1848. Its roots were in abolitionism, the movement to end slavery. In 1840 the Quaker minister Lucretia Mott, an American delegate to the World Anti-Slavery Convention in London, was refused a seat and made to sit in a segregated area because she was a woman. There she met Elizabeth Cady Stanton, who was attending with her husband (Britannica). Eight years later they and a few others called a convention "to discuss the social, civil, and religious condition of woman." About 300 people attended (National Park Service).

Stanton's Declaration of Sentiments deliberately echoed the Declaration of Independence: "all men and women are created equal." In place of the original's grievances against King George, it listed grievances of women against men:

The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. — Declaration of Sentiments (1848), Teaching American History

The grievances covered the denial of the vote, civil death in marriage, the taking of wives' wages, fathers' default custody, exclusion from colleges and professions, and a double standard of morality. One hundred people signed it: 68 women and 32 men, including the formerly enslaved abolitionist Frederick Douglass. Of the twelve resolutions, only the ninth, demanding "the elective franchise", failed to pass unanimously. It passed only after Stanton and Douglass spoke for it (Britannica). At the time, many participants thought the vote was too radical a demand.

Abolition, the Fifteenth Amendment and the split

Women's rights and abolition shared people, networks and moral language for two decades. In 1851 Sojourner Truth, who had been born into slavery in New York, spoke at a women's rights convention in Akron, Ohio. The version that became famous, with the refrain "Ain't I a woman?", was published twelve years later by the white abolitionist Frances Gage, who invented a Southern dialect for it. The earlier transcription by the journalist Marius Robinson is closer to what Truth said (Sojourner Truth Project):

I am a woman's rights. I have as much muscle as any man, and can do as much work as any man. — Sojourner Truth, Akron (1851), Robinson transcription, Voices of Democracy

Truth's speech rests on the female body. She does not deny being a woman. She denies that being a woman makes her weak.

After the Civil War, Stanton, Susan B. Anthony, Douglass, Mott and others founded the American Equal Rights Association (AERA) in 1866 to campaign for suffrage regardless of race or sex. The alliance broke over the Fifteenth Amendment (ratified 1870), which barred denying the vote on grounds of "race, color, or previous condition of servitude" but said nothing about sex (Congressional Research Service). Many abolitionists, Douglass among them, argued that Black men's enfranchisement could not wait. For freedmen in the South the vote was a matter of survival, and tying it to women's suffrage risked sinking both causes (Susan B. Anthony Museum).

Stanton and Anthony refused to support an amendment that left women out. In doing so Stanton used openly racist and anti-immigrant arguments, contrasting "educated" white women with "ignorant" Black and immigrant men and using racial slurs (National Endowment for the Humanities). In 1869 the movement split. Stanton and Anthony founded the National Woman Suffrage Association (NWSA), led by women and focused on a federal amendment. Lucy Stone and others founded the American Woman Suffrage Association (AWSA), which backed the Fifteenth Amendment and worked state by state. The two merged in 1890 as the National American Woman Suffrage Association (NAWSA) (American Bar Association).

Black women such as Mary Ann Shadd Cary, Frances Harper and later Ida B. Wells did not have the option of choosing between race and sex. They tended to argue for universal suffrage (National Park Service).

Key figures and organisations

Figure / organisationCountryRole
Mary Wollstonecraft (1759–1797)BritainAuthor of A Vindication of the Rights of Woman (1792)
Elizabeth Cady Stanton (1815–1902)USDrafted the Declaration of Sentiments; NWSA leader; theorist of marriage and religion
Susan B. Anthony (1820–1906)USChief organiser; arrested for voting in Rochester in 1872 and fined $100, which she never paid (National Archives)
Sojourner Truth (c.1797–1883)USAbolitionist and women's rights speaker
Lucy Stone (1818–1893)USAWSA leader; kept her own surname after marriage
Ida B. Wells-Barnett (1862–1931)USAnti-lynching journalist; founded the Alpha Suffrage Club; refused to march at the back of the segregated 1913 Washington parade (Smithsonian)
Alice Paul (1885–1977) / National Woman's PartyUSUsed militant, British-influenced tactics, including the 1917–19 "Silent Sentinels" pickets at the White House
John Stuart Mill (1806–1873)BritainMP; in 1867 moved to replace "man" with "person" in the Reform Bill, losing 73–196 (UK Parliament); author of The Subjection of Women (1869)
Millicent Fawcett (1847–1929) / NUWSSBritainPresident, 1897–1919, of the National Union of Women's Suffrage Societies, the largest "constitutional" (law-abiding) suffrage body
Emmeline Pankhurst (1858–1928) / WSPUBritainFounded the Women's Social and Political Union in 1903 under the motto "Deeds, not words"; its members were the "suffragettes"
Kate Sheppard (1847–1934)New ZealandLed the suffrage campaign through the Women's Christian Temperance Union; organised the 1891–93 petitions (NZHistory)
The "Famous Five"CanadaBrought the 1929 Persons Case, which established that women were "persons" eligible for the Senate (Senate of Canada)

Tactics: constitutional versus militant

British suffrage organisations divided over tactics.

  • Constitutional suffragists. The NUWSS was formed in 1897 as a federation of seventeen societies. It used petitions, meetings, lobbying and peaceful processions (UK Parliament). Its branches numbered in the hundreds, and from 1912 it backed Labour candidates because Labour supported women's suffrage while the Liberal government did not.
  • Militant suffragettes. In 1905 Christabel Pankhurst and Annie Kenney, a mill worker, were arrested after heckling a Liberal meeting in Manchester. WSPU militancy then escalated to window-smashing, arson and attacks on post boxes. Imprisoned suffragettes went on hunger strike, starting with Marion Wallace Dunlop in 1909, and the authorities responded with force-feeding. The 1913 "Cat and Mouse Act" released hunger strikers who were near death and re-arrested them once they recovered (UK Parliament). Emily Wilding Davison died after stepping in front of the King's horse at the 1913 Derby.

Historians still debate whether militancy sped up or delayed the vote. It brought enormous publicity, but it also gave opponents arguments about female "hysteria". The anti-suffragist Almroth Wright's letter to The Times, reprinted in The Unexpurgated Case Against Woman Suffrage (1913), explained the militants as a product of women's reproductive physiology (Wikisource). The Pankhursts and the NUWSS both suspended campaigning when war broke out in 1914. Women's war work then changed the political arithmetic, and in 1918 Parliament enfranchised women over 30 who met a property qualification.

Anti-suffragism also had female leaders. The novelist Mary Augusta Ward was the founding president of the Women's National Anti-Suffrage League in 1908 (Bangor University). The first wave was never simply women against men.

The biological case against women's rights

The central intellectual opponent of the first wave was biological determinism: the claim that women's bodies made them unfit for public life. In Sex in Education; or, A Fair Chance for Girls (1873), Harvard professor Edward Clarke argued that higher education diverted energy from the reproductive organs and could leave women sterile. The physician Mary Putnam Jacobi answered with data showing that menstruation did not impair women's capacities (National Geographic). Anti-suffrage writers argued that women's brains were smaller, their judgement disturbed by their cycles, and their proper sphere the home (The Atlantic).

How suffragists responded matters for the modern debate. They did not deny that women were female. They denied that being female determined intellect, character or rights. Truth's "as much muscle as any man", Jacobi's data and the Famous Five's insistence that women were "persons" all accepted sex as real and rejected its use as a legal disability. Many suffragists also argued from difference: that women's experience as mothers and carers would bring something distinctive to politics. The temperance movement behind New Zealand's victory made exactly this case.

Achievements by country

CountryYear of women's suffrageNotes
New Jersey (US state)1776–1807Property-owning unmarried women and widows could vote until the legislature restricted the vote to white men in 1807 (Gilder Lehrman Institute)
Wyoming (US territory)1869First US territory to enfranchise women (NPS)
New Zealand1893First self-governing country to give women the parliamentary vote. Petitions in 1891–93 culminated in roughly 32,000 signatures. Māori women included. Women could not stand for Parliament until 1919 (NZHistory)
Australia1902 (federal)Vote and candidacy, but the Commonwealth Franchise Act excluded Aboriginal people and people of Asian, African and Pacific Islander descent unless already enrolled in a state (National Archives of Australia)
Finland1906First in Europe; universal suffrage, with full rights to vote and stand for parliament for both sexes (Austrian National Library)
Germany191853 years before Switzerland (House of Switzerland)
United Kingdom1918 / 19281918: women over 30 meeting a property qualification, about 40% of women. 1928: equal terms with men at 21 (National Archives; UK Parliament)
United States1920 / 1965Nineteenth Amendment ratified 1920. In the South, poll taxes, literacy tests and intimidation kept most Black women (and men) from voting until the Voting Rights Act 1965 (NMAAHC)
France1944One of the later Western European countries (House of Switzerland)
Italy1945Enfranchised at the end of the Second World War (House of Switzerland)
Switzerland1971 / 1990Male voters approved federal women's suffrage by 65.7% in 1971. The last canton, Appenzell Innerrhoden, was compelled by the Federal Supreme Court in 1990 (Federal Commission for Women's Issues; swissinfo)
Saudi Arabia2015Women voted and stood as candidates for the first time, in municipal elections (BBC)

Legal personhood came separately from the vote. In 1929 the British Privy Council ruled in the Persons Case that Canadian women were "persons" eligible for the Senate. British women could attend lectures at Oxford and Cambridge well before they could take degrees. Emily Davison earned first-class honours at Oxford but was not allowed to graduate.

Critiques: race, class and empire

The first wave's universalist language often covered a narrower reality.

  • Race. In the US, Stanton's post-1865 rhetoric was not a lapse at the margin. Organisers segregated the 1913 Washington parade, and Ida B. Wells refused to march at the back. Stanton and Anthony's History of Woman Suffrage largely left Black suffragists out (NPS). In Women, Race and Class (1981), the scholar Angela Davis traced how racist and class-biased arguments entered the movement (NYPL excerpt). Australia's 1902 franchise was explicitly racial.
  • Class. Property qualifications meant the early wins went to propertied women. The British 1918 Act left out most young working-class women, many of whom had done war work. Jill Liddington and Jill Norris's One Hand Tied Behind Us (1978) recovered the "radical suffragists", Lancashire mill workers who took the vote to factory gates and trade-union branches (Liddington). Sylvia Pankhurst, who organised working women in London's East End, was pushed out of the WSPU in 1914.
  • Respectability. Leaders often stressed the moral purity of "respectable" women, partly to defuse charges of unwomanliness. This sometimes meant distancing the movement from sex workers, divorced women and anyone else who undermined that image.

These critiques do not erase what the movement achieved. They show that "women" as a political category was always contested from the inside, by women who were also Black, poor or colonised.

The limits of the "wave" metaphor

Nobody in the first wave called it that. The journalist Martha Weinman Lear coined the framing in "The Second Feminist Wave", a 1968 New York Times Magazine article that linked the new women's liberation movement back to the suffragists (National Women's History Museum). The metaphor is useful but misleading in three ways:

  • It implies a lull. Between 1920 and the 1960s women campaigned for equal pay, birth control, an Equal Rights Amendment (first introduced in 1923) and labour protections. The "trough" was full of activism.
  • It centres one story. The standard dates (1848 to 1920) follow white, middle-class American and British organisations. The historian Nancy Hewitt's collection No Permanent Waves (Rutgers University Press, 2010) argues that Black, Chicana, labour and non-Western women's movements follow different chronologies (Rutgers; DOI).
  • It flattens disagreement. "First-wave feminism" lumps together Stanton's secular radicalism, temperance Christianity, Fawcett's liberalism and the Pankhursts' militancy, movements that disagreed sharply with each other.

Relevance to today's debates

First-wave feminism was explicitly about the female sex as a legal class. Women did not choose their exclusion and could not leave it, and the movement's opponents justified it by female biology. That fact is now central to the dispute between feminists who define "woman" by sex and those who define it by gender identity. Both sides claim the inheritance.

The gender-critical reading

Gender-critical feminists generally hold that sex is real, binary and politically significant, and that it should not be replaced by gender identity in law (see gender-critical feminism). They read the first wave as proof that women's rights were won as sex-based rights. The laws suffragists overturned named women as females. Coverture fell on a woman because of her sex, and so did exclusion from the vote and from universities. On this reading, if "woman" is redefined to mean anyone who identifies as one, the class that the first wave freed loses its legal definition. That makes it harder to keep single-sex protections such as women's prisons, refuges and sport, and harder to count sex discrimination.

The symbolism is direct. In the UK, gender-critical campaigners often wear the WSPU's purple, white and green and invoke suffragette names. The media scholar Sarah Pedersen's study of the Mumsnet forum found that this heritage was used to present gender-critical posters as successors to militant foremothers and to give their cause legitimacy (Pedersen 2022). The 2025 UK Supreme Court ruling in For Women Scotland v The Scottish Ministers, which held that "woman" in the Equality Act 2010 means biological sex, was greeted by its supporters in these terms (see United Kingdom law).

Some detransitioned and desisted women on /r/detrans describe feminism's history as an argument for accepting a female body, not escaping it:

…many women do not accept, and feel offended by, the redefining of "woman" to some meaningless at best, sexist at worst, mumbo jumbo and making it about some magical, innate "womanliness" that men can just "feel on the inside" as opposed to a class one is born into. —Hardwired-666, desisted female

We didn't got suffrage, the right to own property and the right to work just by standing around and saying "well it's just impossible." —anonymous1111199992, detrans

The trans-inclusive reading

Many trans-inclusive feminists read the same history differently. On this reading, the first wave's real enemy was biological determinism, the idea that anatomy fixes a person's place and capacities. Clarke's ovaries, Wright's "hysteria" and the claim that women's brains were too small all made the body the measure of rights, and suffragists won by rejecting that. Defining womanhood strictly by reproductive biology, they argue, repeats the logic the suffragists defeated. The scholar Sara Ahmed, for example, warns that a feminism excluding trans women ends up using "sex" and "nature" as patriarchs once did, to restrict freedoms (PinkNews interview, advocacy outlet). Trans-inclusive writers also point to the first wave's racial exclusions as a warning about who gets left out when "real" women are defined by a dominant group.

The fight for trans rights is literally feminism. You can not have one without the other. —Emily__Lyn, MTF

Assessment

Both readings capture something real. Neither can claim the suffragists' endorsement, because the question of gender identity did not exist in their terms, and speculating about what Pankhurst or Stanton "would have" thought is anachronistic. Two historical facts can be stated plainly:

  1. The legal class was sex. The exclusions were defined by sex, and so were the remedies: Mill's motion to replace "man" with "person", the Nineteenth Amendment's "on account of sex", the Persons Case. First-wave feminists treated women as a sex class and the female body (in custody, the Contagious Diseases Acts, marriage law) as the site of oppression.
  2. The argument was against sex stereotypes, not against sex. Suffragists rejected the claim that being female determined intellect, temperament or rightful sphere. Truth asserted her womanhood and her strength in the same breath.

Read together, these facts fit most naturally with the position that sex is real and legally relevant while the roles and personalities assigned to each sex are not fixed. The trans-inclusive reading takes a real insight, that biology was used as a cage, and stretches it to mean that the category of sex is the cage. The suffragists did not argue that. They wanted women to be free as women. That suggests something for people who feel they do not fit their sex's stereotypes: the first-wave answer was to widen what a woman may be and do, not to leave the category (see gender non-conformity without labels).

Some detransitioned women describe reaching a similar conclusion by reading women's history:

Understand your biology but know there isn't a line of dna in your X chromosomes that encodes your interests, passions, and personhood. —might-say-anti-fire, desisted female

References
  • Blackstone, W. (1765–69). Commentaries on the Laws of England. Quoted in Michigan Law Review First Impressions, source; see also University of St Andrews, Women and the Law in Victorian England.
  • Wulf, K. Coverture, Now More than Ever. source.
  • Wollstonecraft, M. (1792). A Vindication of the Rights of Woman. Context: PolSci Institute, source.
  • Stanton, E. C. et al. (1848). Declaration of Sentiments. Teaching American History; National Park Service, source; Britannica, source.
  • Truth, S. (1851). Address at the Woman's Rights Convention, Akron (Robinson transcription). Voices of Democracy, University of Maryland; Sojourner Truth Project.
  • Congressional Research Service. The Nineteenth Amendment and women's suffrage. source.
  • National Endowment for the Humanities. Winning the Vote: A Divided Movement. source.
  • National Park Service. Between Two Worlds: Black Women and the Fight for Voting Rights. source; Woman Suffrage in the West, source.
  • Davis, A. (1981). Women, Race and Class, ch. 4. NYPL excerpt.
  • American Bar Association. Women's Suffrage Timeline. source.
  • National Archives (US). Susan B. Anthony at the Voting Polls, 1872. source.
  • Smithsonian American Women's History Museum. Portrait of Ida B. Wells-Barnett. source.
  • National Museum of African American History and Culture. 150 Years and Counting. source.
  • Gilder Lehrman Institute. The First Generation: America's Women Voters, 1776–1807. source.
  • UK Parliament Living Heritage: Marriage, property and children (source); Relationships key dates (source); Early suffragist campaigning (source); 'Deeds not words' (source); Presenting the 1866 petition (source); 1929 equal franchise (source).
  • Married Women's Property Act 1882 (45 & 46 Vict. c. 75). legislation.gov.uk.
  • English Heritage. Caroline Norton (source); Josephine Butler (source).
  • Health Foundation. The Contagious Diseases Act. source.
  • Pankhurst, C. (1913). The Great Scourge and How to End It. London: E. Pankhurst. Google Books.
  • Wright, A. E. (1913). The Unexpurgated Case Against Woman Suffrage. London: Constable. Wikisource text.
  • Bangor University (2024). Women who opposed votes for women: the case of Mrs Humphry Ward. source.
  • National Geographic. The Scientist Who Said Periods Weren't a Big Deal (Mary Putnam Jacobi vs Edward Clarke). source.
  • The Atlantic (2019). Why Men Thought Women Weren't Made to Vote. source.
  • Liddington, J. & Norris, J. (1978). One Hand Tied Behind Us: The Rise of the Women's Suffrage Movement. Virago. author page.
  • NZHistory (Ministry for Culture and Heritage). Women and the vote (source); Kate Sheppard (source).
  • National Archives of Australia. Commonwealth Franchise Act 1902. source.
  • Austrian National Library, Ariadne. First women's vote in the North: Finland. source.
  • The National Archives (UK). Women's suffrage. source.
  • Swiss Federal Commission for Women's Issues. Political rights (source); swissinfo, Appenzell Inner Rhodes (source); House of Switzerland, Swiss women at the polls (source).
  • BBC News (2015). Saudi Arabia's women vote in election for first time. source.
  • Senate of Canada. Why the Persons Case Matters. source.
  • Lear, M. W. (1968, March 10). The Second Feminist Wave. New York Times Magazine. Discussed by the National Women's History Museum, source.
  • Hewitt, N. A. (ed.) (2010). No Permanent Waves: Recasting Histories of U.S. Feminism. Rutgers University Press. DOI.
  • Pedersen, S. (2022). "It's what the suffragettes would have wanted": the construction of the suffragists and suffragettes on Mumsnet. Feminist Media Studies, pp. 1543–1558. DOI.
  • For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. For Women Scotland summary (party to the case).
  • PinkNews (2023). Feminists explain how fights for women's and trans rights are one and the same (Sara Ahmed). source (LGBT advocacy outlet).

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