DIVERSITY CORNER
The Past , Present , and Future of Women in the Law
NALANI GORDON
MARC HERNANDEZ
In 1987 , Congress first declared March to be Women ’ s History Month as a way to recognize and celebrate the achievements of women . This recognition would be incomplete without acknowledging the contributions of women lawyers in particular . And while celebrating the trailblazing work of women in the law , we should also acknowledge the historical and current realities of our profession , so we can work toward what the American Bar Association refers to as a “ more inclusive , just , and equitable profession ” in the future .
The Past
A century and three years ago , women had no constitutionally guaranteed right to vote . The eventual passage of the Nineteenth Amendment was far from preordained . It was the result of decadeslong relentless work of countless individuals including suffragists like Sojourner Truth , Susan B . Anthony , Elizabeth Cady Stanton , and the many others who supported them , marched with them , and demanded change .
In 1970 , women comprised only 3 percent of the legal profession . A decade later , Sandra Day O ’ Connor was appointed to the Supreme Court of the United States , becoming the first female associate justice on the high court . However , a decade after that , in 1990 , the Florida Supreme Court ’ s Gender Bias Study Commission concluded that “ discrimination based solely on one ’ s gender was a reality that permeates Florida ’ s legal system .”
Fortunately , in the ensuing years the number of women serving as U . S . Supreme Court justices has increased . At present , that number is four , but four is a minority . Ruth Bader Ginsburg , a pioneering Supreme Court justice and champion for women ’ s rights , famously once said that there would be enough women on the Supreme Court “ when there are nine .” Justice Ginsburg acknowledged that some were shocked by this statement , but as she explained , “ there ’[ s ] been nine men , and nobody ’ s ever raised a question about that .”
The Present
Currently , the number of women in the legal profession is closer to 38 percent according to the Florida Bar . Yet , this is far from an accomplishment given that women make up 50 percent or more of first-year law students , indicating that many women are being forced out of the profession or are choosing to leave . Moreover , the women who remain in the profession are not proportionately represented as partners in law firms , judges , or in other top-level positions like deans of law schools . In Florida Bar surveys , women lawyers also have reported that they continue to be adversely and uniquely affected by gender stereotypes , harassment , unequal pay , and work-life balance issues . As Justice O ’ Connor recognized :
Despite the encouraging and wonderful gains and the changes for women which have occurred in my lifetime , there is still room to advance and to promote correction of the remaining deficiencies and imbalances .
In other words , it is far too early to declare victory in the struggle to eliminate bias against women lawyers and unjust barriers to their entry in the legal profession . We have work to do .
The Future
As a bar and a profession , we have a number of opportunities to promote the advancement of women lawyers .
One avenue of support and empowerment is available through voluntary bar associations and civic organizations like the Florida Association for Women Lawyers ( FAWL ). FAWL has a long track record of working toward gender equality in the legal profession and the community as a whole .
The association also plays an instrumental role in promoting the leadership of women lawyers by encouraging them to join the judiciary , committees in the Florida Bar , and executive boards for non-profit organizations . Similarly , the Sheree Davis Cunningham Black Women Lawyers Association , which was recently founded in 2021 by three stellar attorneys from our community , focuses on empowering and supporting black women in the legal profession . This organization will undoubtedly have a profound impact on the women lawyers in Palm Beach County and beyond .
In addition to participating in voluntary bar associations , attorneys have the responsibility on an individual , organizational , and societal level , to work toward a “ more inclusive , just , and equitable profession .” As individuals , we can mentor , support , and invest in women lawyers . All of this can be done without a formalized structure and without significant effort . As members of organizations and society , we can educate others regarding the value of representation , ensure that women are heard , and give women the same opportunities that are available to others . The key is speaking up and acting because if we wait for someone else to do so then no one will .
The responsibility for creating a more equitable legal profession — a profession that demands equality under law — lies with us . And if we faithfully discharge our responsibility , we can take pride in the fact that we have not only honored the work of past pioneers but also the work of those who still walk among us .
Nalani Gordon is an associate at Gunster . Her main areas of practice are employment law , Title IX , and business litigation .
Marc Hernandez is a board certified appellate attorney at Lytal , Reiter , Smith , Ivey & Fronrath , focusing on personal injury , medical malpractice , and products liability cases .
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