Throughout the nineteenth century, three separate nations: Spain, Mexico and the United States, occupied the territory of California. The constant transitioning of cultures, political systems and languages significantly affected the gender roles and agency of Californians, specifically those of women. In the transitional periods of California, women lost property rights, decreasing their role and agency in the regional economy, but they gained social and legal rights, improving their agency in the community. However, the large role of tradition and culture rooted in Californian society in the nineteenth century hindered women from using this agency to its full advantage.
In the process of shifting from Mexican-California to American-California, Californian women lost a substantial amount of their property rights, which they had previously understood as inherent. From 1821 to 1847, while the territory of California was under the governance of Mexico, female citizens “…had the right to acquire property not only through grants but also through endowments, purchases, gifts and inheritance…[Women] could also administer, protect, and invest their property…” (Chávez-Garcia, 54) With these rights, it can be understood that women were serious players in the local economy. Women had the ability to be businesswomen through land ownership, investment, and cultivation. When the United States acquired the region of California, it converted the political and legal structure to the English system, severely limiting these progressive rights of women. In 1850, a California law, “…gave married women an equal interest in marital or common property, but a husband had the authority to manage his wife’s property as if it were his own.” (126) This small change in dynamics dramatically shifted power away from women. With the new statute, men resumed their former role of regulating things, fundamentally not theirs, in place of the woman, such as with women’s sexuality in Spanish-California. (33) This suppression of Californian women’s rights could be due to the United States’ desire to exert control over the newly attained territory. By enacting these laws against women, the United States implicitly demonstrated its conquest of California.
The transition of power of the California region also resulted in increased social and legal agency for Californian women. In Spanish and Mexican cultures, “…stable marriages were the bedrock of a well-ordered society.” (90) This permeated Californian society during the periods of conquest. With the United States’ procurement of California, Western concepts of divorce marital prosecutions began to spread into California. This change unsettled the normative gender roles that had become standard over the past two centuries. In 1850, the California Assembly government formally passed the common law, including the granting of women, “…the opportunity to sue to sever the bond of matrimony…” (93) This decree resulted in women gaining significant legal and social agency compared to before. Not only could women use local judicial institutions for criminal indictments, but also they could actively participate in social situations, such as marriage, “bring[ing] their spouses before a tribunal and charg[ing] them with marital indiscretions or other inappropriate behavior…” (91) However, those women gained this ability, only a minute amount of women actually used it. In almost thirty years, from 1851 to 1879, “…less than one percent of the Californio-Mexican population in Los Angeles, challenged fundamental notions of marriage and the family by seeking a divorce.” (95-96) Due to such deep-rooted traditional values and social taboos, the majority of women stayed loyal to their husbands regardless if they wanted to become independent of him. A pervasive notion in California society instructed, “…women with abusive spouses to ‘suffer patiently’ and remain in the household for the good of the family and the larger community.” (114) Traditional ideas such as this help explain the minimal number of women who sought to active use their marital rights. The large role of tradition and community in the Californian society hindered women from using their agency to its full extent. Due to the importance of both, many women seemed to have held back from taking action to help themselves, thinking more about the honor and collective of California.
The multiple transitional periods of California both improved and deteriorated the agency of women in different realms of society. However, it is clear that the gender roles of women were drastically and permanently altered due to the changing governing nations. Women’s property rights, and thus economic agency, weakened as a result of the major shift to the United States’ legal system and the new governing body exerting their dominance over California. Women gained a level of social and legal agency from the enactment of common law in California, containing the right for women to separate from their husbands. However, only a minority of women actually ended up using this newly gained agency due to the traditional values of marriage and community.