The latest Church chose then to disregard legislation

Although it y is a common routine throughout the Mormon religion, and that the Mormon faith possess served polyandry throughout history, the fact is your Mormon people do not habit polygamy, however, think about it become a significant crime resistant to the legislation of residential property, as well as up against the legislation of the gospel.

Polyandry Example one to Set Court Precedent

George Reynolds belonged with the Chapel out-of God Christ off Second-Date New orleans saints (the brand new “Mormon” Church) when he was charged with bigamy for the 1874. The fresh LDS Church considered at the time the Morrill Anti-Bigamy Act from 1862 try unconstitutional, because denied the fresh Church’s members the right to habit its religion freely by allowing them to features several spouses, that has been section of the faith. The newest Morrill Anti-Bigamy Work is a rules, closed from the Chairman Abraham Lincoln, you to definitely blocked polygamy, and you will restricted the level of church- and you can low-profit-possessed regions in order to a the league eÅŸleÅŸme max worth of $fifty,100000.

S. Attorney numerous witnesses exactly who you will definitely testify that Reynolds performed in fact possess two wives, and therefore he was indicted getting bigamy because of the a huge Jury for the Oct out-of 1874

Just like the Utah is actually a much-flung nest, and Lincoln had his hands complete to your strong Civil Conflict, what the law states wasn’t enforced. The cause of this new charges against Reynolds was he elia Jane Schofield while he had been .

Reynolds is actually being employed as an assistant for the chairman of one’s LDS Church at the time. At the same time, the latest Church’s governing human body provided to help the You.S. Supreme Courtroom which have a test circumstances who let dictate the newest constitutionality of the anti-bigamy rules by giving the fresh Legal having a good defendant. Reynolds wanted to act as one to accused, to evaluate perhaps the laws violated the newest people’s Earliest Modification liberties. He then wanted to the brand new You.

Reynolds tried to have the demonstration courtroom instruct the new jury you to definitely whenever they experienced he’d the time bigamy on the sole objective regarding following his faith, then he must be located not liable. Yet not, the fresh new judge refused their demand and you can alternatively trained new jury you to if they learned that Reynolds, intoxicated by his religion:

“… deliberately partnered another day, with a first partner life style, this new want out-of awareness off worst intent-this new wanted away from knowledge on the their region that he is committing crime-failed to justification him, however the law inexorably, in such cases, suggests unlawful intent.”

It was their obligations, as per their religion, to endment safe their spiritual strategies
One to their huge jury had not been legitimately constituted (legitimate in legislation)
You to definitely pressures which were lifted by specific jurors was basically defectively overruled by the courtroom
You to any testimony offered try inadmissible due to the fact that it absolutely was considering up under another indictment

The newest Utah Territorial Supreme Courtroom disagreed, not, and you will upheld Reynolds’ phrase into the 1876. On the Court’s unanimous decision, it absolutely was stated that:

“Everybody which have a wife or husband traditions, whom marries several other, whether or not married otherwise single, within the an area, or any other put more which the All of us has private jurisdiction, is responsible for bigamy, and you can can be penalized by a fine away from only $five-hundred, and also by imprisonment getting a phrase from not more than five decades.”

The newest Courtroom performed pay attention as to regardless if Reynolds may use their religious beliefs since a protection, due to the fact Reynolds had debated you to, as the a great Mormon, it absolutely was their religious duty to practice polygamy.

New Judge performed recognize that Congress try not to admission a law that prohibits someone off easily training their religion. Although not, brand new it kept your rules you to prohibits bigamy will not meet that important, hence the idea that somebody need to have singular partner would be tracked the whole way to English rules not as much as King James I out of England, where U.S. laws try established.