How Susan B. Anthony's 1872 Arrest Challenged Women's Voting Rights in Court

Susan B. Anthony's deliberate act of voting in 1872 led to her arrest and a landmark trial, directly testing the legal interpretation of citizenship and voting rights under the Fourteenth Amendment.

By Garret Merkley · Explainer · Jun 4, 2026

Branched from Key Milestones of the Women's Suffrage Movement in the United States

Quick take

Susan B. Anthony voted in the 1872 presidential election, asserting her right to vote as a citizen.
She was arrested, tried, and convicted for 'illegal voting,' but famously refused to pay the fine.
The trial clarified that, under prevailing legal interpretation, the Fourteenth Amendment did not automatically grant women the right to vote.
This event galvanized the suffrage movement, demonstrating the need for a specific constitutional amendment.

In November 1872, Susan B. Anthony, a prominent leader in the women's suffrage movement, cast a ballot in the U.S. presidential election in Rochester, New York. She, along with 14 other women, believed that the recently ratified Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States, inherently extended voting rights to women. Her act was a planned legal challenge, designed to force the courts to rule on whether citizenship included the right to vote, regardless of sex.

The Act of Defiance and Its Immediate Aftermath

Anthony and her fellow suffragists registered to vote, successfully arguing to the election inspectors that the Fourteenth Amendment's 'privileges or immunities' clause protected their right to cast a ballot. After voting, her actions quickly drew the attention of federal authorities. A U.S. Deputy Marshal arrested Anthony on November 18, 1872, charging her with 'knowingly, wrongfully and unlawfully' voting without having the legal right to do so. This arrest set the stage for a highly publicized legal battle that would highlight the glaring disparity between citizenship and suffrage for women.

The Trial and Its Controversial Verdict

Anthony's trial, United States v. Susan B. Anthony, took place in June 1873. The proceedings were notable for their swiftness and the judge's decisive role. Justice Ward Hunt, a Supreme Court Justice sitting as a circuit judge, took the extraordinary step of directing the jury to find Anthony guilty without allowing them to deliberate. He argued that the legal question was one of law, not fact, and thus within his purview. Anthony was fined $100, a penalty she famously declared she would never pay, stating, "I shall never pay a dollar of your unjust penalty." The government chose not to pursue payment, likely to prevent her from appealing the case to a higher court, which would have further amplified the legal challenge.

Why This Event Mattered for Women's Suffrage

Susan B. Anthony's 1872 arrest and subsequent trial were a pivotal moment for the women's suffrage movement. The court's ruling definitively shut down the argument that the Fourteenth Amendment implicitly granted women the right to vote, forcing suffragists to change their strategy. It became clear that a new, specific constitutional amendment was needed to secure voting rights for women. The trial served as a powerful public platform, drawing national attention to the injustice of women's disenfranchisement and galvanizing support for the cause. It underscored the legal and societal barriers women faced and reinforced the movement's resolve to fight for full political equality.

Why did Susan B. Anthony believe she could vote in 1872?

She interpreted the recently ratified Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the U.S., as implicitly granting voting rights to all citizens, including women.

What was the outcome of her trial?

Susan B. Anthony was found guilty of illegal voting and fined $100 by the judge, who controversially directed the jury to deliver a guilty verdict.

Did Anthony ever pay the fine?

No, she famously refused to pay the fine, stating it was an "unjust penalty." The government never enforced payment, likely to prevent her from appealing the case to a higher court.

How did this event impact the women's suffrage movement?

The trial clarified that the Fourteenth Amendment, as interpreted by the courts, did not grant women the right to vote. This outcome shifted the suffrage movement's focus from legal interpretation to advocating for a new constitutional amendment specifically granting women the right to vote.

Were other women arrested for voting with Anthony?

Yes, 14 other women who voted with Anthony were also arrested, though only Anthony's case proceeded to trial.

Sources

National Archives - Susan B. Anthony's Trial
History.com - Susan B. Anthony