60-Second Civics: Episode 5083, Coverture and the Colonial Era: Women's History Month, Part 2

A married woman living during the American colonial era would have lived under the legal doctrine called "coverture," where her legal identity was subsumed under that of her husband. William Blackstone wrote, "By marriage, the husband and wife are one person in the 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: under whose wing, protection, and cover, she performs every thing." This was governed by colonial law before independence and state law after independence. It would not change substantially after the Revolution in most states, but divorce and child custody laws would change.




Center for Civic Education