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iverglas

(38,549 posts)
2. just read seabeyond's thread about 50 women who changed the world
Mon Apr 9, 2012, 08:17 PM
Apr 2012
http://www.democraticunderground.com/1255273

http://www.biographyonline.net/people/women-who-changed-world.html

One of the Famous Five is included in the list:

22. Emily Murphy 1868-1933

Emily Murphy was the first women magistrate in the British Empire. In 1927 she joined forces with 4 other Canadian women who sought to challenge an old Canadian law that said, “women should not be counted as persons”

Too bad they got that so wrong (and it's now been spread all over the danged internet). I think whoever wrote that was thinking of this bit of the US Constitution about counting persons:

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.

The 1867 British North America Act, now the Constitution Act, 1867, actually said:

23. The Qualifications of a Senator shall be as follows: ...

24. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.

It was practice and then judicial interpretation (eventually overturned) that kept women out of the Senate. There was no law that said women should not be counted as persons.


typo
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