Whilst it y is a common behavior from the Mormon religion, and that the new Mormon religion enjoys supported polyandry while in the background, the fact remains your Mormon consumers don’t habit polygamy, however, consider it is a critical offense contrary to the laws of one’s house, and additionally up against the rules of one’s gospel.
George Reynolds belonged to your Chapel off God Christ regarding Latter-Time Saints (the fresh new “Mormon” Church) as he was faced with bigamy for the 1874. The brand new LDS Church felt during the time your Morrill Anti-Bigamy Act off https://datingranking.net/local-hookup/kamloops/ 1862 is actually unconstitutional, since it declined the fresh Church’s users the legal right to habit their religion freely by permitting them to have multiple partners, which had been element of the faith. Brand new Morrill Anti-Bigamy Operate was a rules, closed by the Chairman Abraham Lincoln, that blocked polygamy, and you can restricted the amount of church- and you can non-profit-possessed regions so you’re able to a maximum value of $fifty,one hundred thousand.
While the Utah is actually a far-flung colony, and Lincoln had his hands complete into burgeoning Civil Conflict, legislation wasn’t implemented. The cause of the newest fees facing Reynolds try that he elia Jane Schofield while he had been .
Reynolds is actually being employed as a secretary into the chairman of LDS Church during the time. Meanwhile, brand new Church’s governing looks provided to help the U.S. Supreme Judge that have an examination circumstances who does help influence the fresh new constitutionality of the anti-bigamy law by providing the new Legal with good accused. Reynolds provided to serve as that offender, to evaluate perhaps the laws broken the fresh new man’s Earliest Amendment rights. Then he offered to this new You.S. Lawyer numerous witnesses whom you can expect to testify that Reynolds did in fact possess several wives, and that he was indicted having bigamy of the a grand Jury in October from 1874.
Reynolds made an effort to have the trial judge train brand new jury one to when they believed he’d enough time bigamy toward only mission from following their religion, then have to be located not liable. However, the newest court rejected their demand and you may as an alternative taught the fresh new jury one to when they unearthed that Reynolds, intoxicated by their religion:
“… deliberately hitched an additional go out, which have a primary spouse lifestyle, the fresh new wanted out-of awareness from evil intent-this new want out-of facts with the their region that he is committing crime-did not justification him, although legislation inexorably, in such cases, indicates violent intention.”
The latest Utah Territorial Finest Judge disagreed, however, and you will upheld Reynolds’ phrase within the 1876. From the Court’s unanimous decision, it absolutely was stated that:
“People that have a husband or wife way of living, just who marries several other, whether partnered or solitary, during the an area, or other put over that the You possess exclusive legislation, is actually accountable for bigamy, and you may are going to be penalized by the a fine out of only $five-hundred, and by imprisonment to possess a phrase from not more than five ages.”
This new Courtroom did understand that Congress dont violation a laws one to forbids people out-of freely training its faith. Although not, the it stored that laws you to definitely forbids bigamy will not satisfy you to definitely standard, and this the idea that a person should have one lover could be traced the whole way to English laws around Queen James We out-of The united kingdomt, where U.S. laws is actually built.