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13 Ind. J.L. & Soc. Equal. 1 (2025)

handle is hein.journals/injlaseq13 and id is 1 raw text is: 1 Courting Bias: Effects of Gender Socialization and Judges' Genders on Litigants and the Judiciary Ellie Barmes* INTRODUCTION Gender stereotypes and societal norms dictate our thoughts and actions, whether we are cognizant of them or not.1 The judicial system and its judges are not exempt from this reality. The legal history of women, how people of different genders have historically been socialized, the public's expectations of how male and female judges will act and rule, and judicial discretion all contribute to this reality. This Note aims to analyze the psychological and societal effects of gender stereotypes; explain how those stereotypes affect the judicial system, litigants, and judges' rulings in both the civil and criminal contexts; and offer three suggestions to combat the use of gender bias by judges in their rulings. Because of the dangers of gender bias, courts must implement mitigative and preventative measures, including amendments to some states' Codes of Judicial Conduct, a gender bias reporting system, and the continued use of gender bias task forces. First, this Note examines the history of gender in the judicial and legal system as a whole. This Note then discusses the ways that people of different genders have historically been socialized. Next, this Note explains the implications of gender in civil cases regarding feminist issues, such as sex discrimination and divorce cases, and the impact that gender has on judges' rulings in criminal proceedings. Then, this Note analyzes why the misuse of gender bias in the courtroom is problematic for litigants. Lastly, this Note offers suggestions that will help mitigate issues arising from gender bias in the courts. This Note intends to give the reader an idea of how gender norms in the judiciary and society got to where they are today and how those norms impact litigants and the judiciary. I. BACKGROUND A. Historical Context of Women in the Legal and Judicial Systems As we are all acutely aware, the judicial system has not always been a place that welcomes diversity. Historically, the bench was composed of white, wealthy men who owned property.2 In fact, when coverture still existed, women who were married had their legal identity subsumed into their husband's and were legally * J.D., Indiana University Maurer School of Law, 2025. 1 See Gender Roles and Norms: What Are They & How Do They Affect Children?, UNITED WAY OF THE NAT'L CAP. AREA (May 19, 2023), https://unitedwaynca.org/blog/gender-norms/. 2 See George Washington and the Supreme Court, GEORGE WASHINGTON'S MOUNT VERNON (2023), https://www .mountvernon .org/george-washington/the-first-president/george-washington-and-the-supreme- court/#:-:text=As%20stipulated%20by%20the%20Judiciary,at%20the%20Court%27s%20first%20sitting.