While it y is a very common practice in the Mormon religion, and this the new Mormon faith features supported polyandry throughout the background, the fact is the Mormon customers don’t routine polygamy, however, contemplate it to-be a critical crime up against the rules of one’s homes, along with contrary to the legislation of your own gospel.
Polyandry Analogy one to Set Legal Precedent
George Reynolds belonged towards Church off God Christ regarding Latter-Date Saints (new “Mormon” Church) when he are charged with bigamy in the 1874. The newest LDS Church thought during the time your Morrill Anti-Bigamy Operate of 1862 try unconstitutional, because it refuted the brand new Church’s users the authority to habit their religion easily by allowing these to enjoys numerous partners, that has been section of their religion. The fresh new Morrill Anti-Bigamy Operate is a law, closed by https://datingranking.net/de/bdsm-sites-de/ the President Abraham Lincoln, one to banned polygamy, and you can minimal the degree of church- and you may non-profit-owned territories to help you a max value of $fifty,one hundred thousand.
S. Lawyer multiple witnesses who you will definitely testify to the fact that Reynolds did actually keeps several wives, and therefore he was indicted to own bigamy from the a grand Jury inside October of 1874
Just like the Utah is a much-flung colony, and you may Lincoln got his hand complete into burgeoning Civil Conflict, legislation wasn’t enforced. The explanation for the new charges up against Reynolds was he elia Jane Schofield while he was still .
Reynolds is being employed as a receptionist for the chairman of your own LDS Chapel at the time. Meanwhile, new Church’s ruling human anatomy accessible to assist the U.S. Finest Judge that have an examination circumstances who assist influence the constitutionality of anti-bigamy law by providing the newest Legal having a defendant. Reynolds provided to serve as one to offender, to check whether the rules broken new man’s Basic Modification legal rights. Then provided to brand new You.
Reynolds attempted to have the trial legal illustrate the fresh new jury you to definitely whenever they considered he had the amount of time bigamy to the sole mission away from after the their faith, then must be discover not liable. Yet not, the latest judge denied their consult and you can rather trained new jury that if they discovered that Reynolds, under the influence of their faith:
“… purposely partnered a second date, that have a primary wife way of living, the brand new wanted of consciousness away from evil intention-this new want off knowledge to your his area which he are committing crime-don’t reason your, nevertheless law inexorably, in such cases, ways criminal purpose.”
- It absolutely was their obligation, as per his faith, in order to endment protected their spiritual practices
- You to definitely their grand jury had not been legitimately constituted (valid underneath the rules)
- You to definitely demands that were lifted by the particular jurors was defectively overruled because of the courtroom
- One one testimony given is actually inadmissible because it actually was considering upwards under some other indictment
The new Utah Territorial Best Legal disagreed, although not, and upheld Reynolds’ sentence when you look at the 1876. In the Court’s unanimous choice, it actually was stated that:
“Everyone else that have a loved one lifestyle, who marries some other, whether partnered or solitary, during the a territory, or other set more that You features exclusive jurisdiction, was guilty of bigamy, and you may is penalized of the a superb out of not more than $five hundred, by imprisonment to possess a phrase off not more than four decades.”
New Judge performed consider concerning even if Reynolds can use their religious beliefs because the a security, since the Reynolds had argued that, because the a Mormon, it was their spiritual responsibility to train polygamy.
The newest Courtroom did keep in mind that Congress you should never solution a law one forbids people out-of freely practicing their religion. Yet not, the latest it kept your rules one forbids bigamy will not fulfill you to definitely important, which the theory that somebody must have only one companion will be traced the whole way returning to English rules under Queen James We from The united kingdomt, where U.S. law are centered.
