The Heart Balm Racket: How Women Were Blamed for Broken Engagements
The Breach of Promise Law
In the early 1900s, a law called the “breach of promise” law allowed people to sue their ex-fiancés if they broke off an engagement. This law was based on the idea that an engagement was a binding contract, and that breaking it without the other person’s consent was a legal wrong.
The Heart Balm Racket
As sensational stories of women suing men for breach of promise made headlines, the public became increasingly convinced that unscrupulous women were using the law to blackmail wealthy men. These women were labeled “gold-diggers,” “schemers,” and “adventuresses.” The media played a major role in fueling this paranoia, portraying women as manipulative and men as gullible victims.
The Changing Role of Women
At the time, marriage was seen as a way for women to gain financial security and social status. However, as women’s roles began to change and they gained more opportunities for education and employment, the idea that a broken engagement could ruin a woman’s life became less believable.
The Abolition of the Heart Balm Law
In the 1930s, a growing number of people began to question the fairness of the breach of promise law. Critics argued that it was outdated and that it discriminated against women by assuming that they were incapable of taking care of themselves. In 1935, a young state legislator named Roberta West Nicholson introduced a bill to abolish the law in Indiana. Other states quickly followed suit, and by 1945, 16 states had abolished the breach of promise law.
The Legacy of the Heart Balm Racket
The outcry against the heart balm racket was not just about protecting men from blackmail. It was also about changing attitudes towards women and marriage. The law’s abolition reflected a growing recognition that women were capable of making their own choices and did not need the law to protect them.
The Impact of the Media
The media played a significant role in both fueling and ending the heart balm racket. Sensationalized stories of women suing men for breach of promise created a climate of fear and distrust. However, as public opinion began to shift, the media also played a role in raising awareness of the law’s unfairness and advocating for its abolition.
The Changing Nature of Marriage
The heart balm racket also shed light on the changing nature of marriage. In the early 1900s, marriage was seen as a way for women to gain financial security and social status. However, as women’s roles began to change, marriage became less about economic necessity and more about companionship and love. This shift in attitudes contributed to the decline of the breach of promise law, as it became less acceptable to sue someone for breaking off an engagement that was not based on financial considerations.
Roberta West Nicholson: A Champion for Women’s Rights
Roberta West Nicholson was a pioneer in the fight to abolish the heart balm racket. She introduced the first bill to abolish the law in Indiana in 1935, and her efforts helped to pave the way for the law’s eventual abolition in most states. Nicholson’s legacy as a champion for women’s rights continues to inspire activists today.
