Even though it y is a very common behavior about Mormon religion, which the brand new Mormon faith has offered polyandry while in the records, the simple truth is that Mormon consumers don’t routine polygamy, but consider it as a life threatening crime up against the legislation of one’s belongings, along with resistant to the statutes of your gospel.
Polyandry Example one Put Courtroom Precedent
George Reynolds belonged towards Chapel off Jesus Christ regarding Latter-Time New orleans saints (brand new “Mormon” Church) when he are charged with bigamy when you look at the 1874. The fresh LDS Church sensed during the time that the Morrill Anti-Bigamy Work regarding 1862 try unconstitutional, because it refuted brand new Church’s participants the right to practice its faith freely by permitting these to features numerous spouses, which had been section of the faith. Brand new Morrill Anti-Bigamy Work try a rules, closed by President Abraham Lincoln, you to definitely blocked polygamy, and you may restricted the level of church- and you will low-profit-owned territories so you’re able to a max value of $50,100.
S. Lawyer numerous witnesses exactly who you are going to testify that Reynolds did in fact have a couple of wives, and this he was indicted to possess bigamy of the a huge Jury inside October of 1874
Given that Utah is a far-flung colony, and you may Lincoln had his give complete towards the strong Civil Conflict, legislation was not implemented. The reason behind new fees against Reynolds is that he elia Jane Schofield while he was still .
Reynolds is working as a secretary towards the president of your LDS Church at that time. Meanwhile, new Church’s governing human body offered to assist the U.S. Ultimate Courtroom which have a test case who does assist citas con mujeres indias influence the fresh new constitutionality of anti-bigamy rules by giving brand new Courtroom which have an excellent offender. Reynolds agreed to serve as you to defendant, to check whether or not the legislation broken the latest mans Earliest Modification rights. He then wanted to the newest You.
Reynolds made an effort to have the trial judge train brand new jury one to once they believed he had committed bigamy towards the just mission out of after the his religion, then he must be discovered not guilty. not, the legal declined their consult and you can alternatively coached the jury that once they discovered that Reynolds, consuming their religion:
“… deliberately married the next date, with an initial partner living, the new want of awareness regarding worst intention-the wanted regarding skills towards the their area which he try committing crime-did not excuse him, although law inexorably, in such cases, suggests criminal intention.”
- It was his obligations, depending on their faith, to endment secure his spiritual practices
- One to their huge jury had not been legally constituted (valid beneath the rules)
- You to demands which were increased because of the specific jurors was in fact badly overruled because of the judge
- One to people testimony offered is actually inadmissible due to the fact that it actually was offered right up less than another indictment
The newest Utah Territorial Best Judge disagreed, yet not, and you can upheld Reynolds’ sentence inside 1876. On Court’s unanimous decision, it absolutely was reported that:
“Folks that have a wife or husband life style, whom marries another, if hitched otherwise single, in the an area, or any other place over which the All of us enjoys private jurisdiction, is guilty of bigamy, and you will would be penalized of the a superb regarding not more than $500, and also by imprisonment getting a term of not more than four many years.”
The brand new Judge did give consideration concerning even in the event Reynolds may use his religion once the a defense, since the Reynolds got debated you to, because a Mormon, it was their spiritual responsibility to rehearse polygamy.
The fresh Judge performed realize that Congress usually do not citation a legislation one to prohibits people of easily training the faith. not, the fresh new it kept that rules you to prohibits bigamy doesn’t satisfy one standard, and this the concept that somebody need to have only 1 spouse might be traced right returning to English legislation under King James We off The united kingdomt, upon which You.S. law try based.