The Shocking History of "Head and Master" Laws & Women's Property Rights

Welcome back to another episode of pplpod! This week, we dive deep into the fascinating and often overlooked legal history of the United States by exploring the "Head and Master" laws. Until their final repeal, these American property laws legally permitted a husband to have the ultimate say over all household decisions and jointly owned property, completely bypassing his wife's knowledge or consent.

In this episode, we discuss how Louisiana became the very last state to repeal these restrictive family laws in 1979, ending an era where a woman's financial contributions to her own property were deemed legally irrelevant. We unpack the dramatic and pivotal Supreme Court case Kirchberg v. Feenstra (1981), where the court finally struck down the statute as unconstitutional after Joan Feenstra's husband secretly mortgaged their fully paid-for home to cover his own criminal defense lawyer.

We also explore the lasting legacy of this legal battle, including how Supreme Court Justice Ruth Bader Ginsburg famously used the defeat of the Head and Master rule during the 2015 Obergefell v. Hodges hearings to illustrate the evolving definition of "traditional" marriage.

Whether you are a student of marriage law in the United States, fascinated by the history of coverture and marital power, or passionate about women's rights and public policy, this episode is a must-listen. Hit play to learn how the definition of marriage and property ownership has transformed over the last century!