Even though it y is a very common practice regarding Mormon faith, and therefore new Mormon religion keeps supported polyandry throughout the records, the truth is that Mormon people do not behavior polygamy, however, think about it to-be a life threatening offense resistant to the laws of your homes, and additionally against the rules of the gospel.
Polyandry Analogy that Put Courtroom Precedent
George Reynolds belonged into the Chapel of Jesus Christ out-of Latter-Go out Saints (brand new “Mormon” Church) when he is actually charged with bigamy into the 1874. This new LDS Chapel noticed during the time that Morrill Anti-Bigamy Operate regarding 1862 is actually unconstitutional, because refused the Church’s participants the authority to practice their religion freely by permitting them to possess numerous spouses, that has been part of their religion. Brand new Morrill Anti-Bigamy Work is a law, closed of the Chairman Abraham Lincoln, that banned polygamy, and you will minimal the amount of church- and you can non-profit-owned regions so you can an optimum value of $50,one hundred thousand.
S. Attorneys multiple witnesses just who you certainly will testify that Reynolds did indeed provides a couple of wives, which he had been indicted for bigamy by the a grand Jury within the October out-of 1874
Because Utah try a far-flung nest, and you may Lincoln had his hand complete to your burgeoning Civil Conflict, legislation was not implemented. The explanation for the latest charges up against Reynolds was which he elia Jane Schofield while he was still .
Reynolds is actually working as a secretary on the president of your LDS Church during the time. At the same time, the newest Church’s ruling looks wanted to assist the You.S. Supreme Courtroom with a https://www.datingranking.net/de/knick-dating/ test case who help influence the fresh new constitutionality of your anti-bigamy rules giving brand new Courtroom having a good defendant. Reynolds accessible to act as you to definitely accused, to check whether the law broken the new mans Basic Amendment legal rights. He then accessible to brand new You.
Reynolds tried to have the demo courtroom train the latest jury you to if they believed he had the amount of time bigamy into just goal regarding following the their faith, then he have to be receive simple. But not, the latest legal denied his request and you may as an alternative coached this new jury you to definitely when they discovered that Reynolds, under the influence of their religion:
“… purposely hitched another go out, which have a first spouse traditions, new wanted out of awareness out of worst intent-the fresh new need off wisdom toward his region he was committing crime-didn’t justification him, although legislation inexorably, in such cases, indicates unlawful purpose.”
- It absolutely was his duty, according to their religion, so you can endment secure their religious techniques
- You to his huge jury wasn’t lawfully constituted (good according to the rules)
- One pressures that have been elevated of the specific jurors was badly overruled by judge
- One any testimony offered try inadmissible because it absolutely was given upwards less than some other indictment
The latest Utah Territorial Best Judge disagreed, yet not, and upheld Reynolds’ phrase into the 1876. On the Court’s unanimous choice, it had been reported that:
“Everybody with a loved one life style, which marries several other, if married otherwise solitary, inside an area, or any other set more than that your All of us has private legislation, are accountable for bigamy, and you can is going to be punished because of the a fine out-of only $500, by imprisonment to have a term from not more than four ages.”
The fresh new Court did pay attention about even in the event Reynolds might use his religion because the a protection, since Reynolds had argued you to, since the an excellent Mormon, it absolutely was his spiritual obligation to apply polygamy.
The fresh new Judge performed recognize that Congress do not solution a law you to prohibits anybody off easily training its faith. not, new it kept that the law you to prohibits bigamy doesn’t satisfy one to fundamental, and therefore the theory that somebody should have one partner is tracked entirely to English legislation below King James We out of England, where You.S. legislation are based.