Although it y is a common routine in the Mormon religion, which the newest Mormon religion provides offered polyandry throughout the record, the stark reality is that Mormon people today do not practice polygamy, however, contemplate it become a serious crime contrary to the regulations of your own home, and additionally up against the laws and regulations of your own gospel.
Polyandry Example one Lay Judge Precedent
George Reynolds belonged to your Chapel of God Christ away from Second-Time Saints (the new “Mormon” Church) as he was faced with bigamy for the 1874. The latest LDS Chapel considered at that time that Morrill Anti-Bigamy Operate from 1862 try unconstitutional, because refused the brand new Church’s people the legal right to routine the faith freely by permitting these to possess multiple spouses, that was element of the faith. The new Morrill Anti-Bigamy Operate is actually a rules, finalized from the Chairman Abraham Lincoln, that banned polygamy, and you may limited the level of church- and low-profit-owned regions to a maximum worth of $50,one hundred thousand.
S. Attorney numerous witnesses just who you will attest to the fact that Reynolds did in fact enjoys a couple of spouses, and therefore he had been indicted to possess bigamy because of the a huge Jury for the Oct regarding 1874
Given that Utah is actually a much-flung nest, and you can Lincoln had their give full with the burgeoning Civil War, the law was not implemented. The reason for the brand new charge facing Reynolds try he elia Jane Schofield as he was still .
Reynolds are being employed as an assistant for the chairman of LDS Chapel during the time. At the same time, brand new Church’s governing muscles offered to help the U.S. Finest Courtroom with a test situation who does assist determine the latest constitutionality of your own anti-bigamy rules by providing new Judge that have a great accused. Reynolds agreed to act as you to defendant, to evaluate whether or not the law violated new mans https://www.datingranking.net/tr/vgl-inceleme Very first Amendment rights. He then wanted to the newest You.
Reynolds tried to have the trial courtroom show the jury you to when they felt he’d the full time bigamy to the only mission of pursuing the their faith, then need to be located not liable. not, the fresh new legal refuted their request and you can instead trained brand new jury one when they learned that Reynolds, under the influence of his faith:
“… deliberately partnered one minute day, with a first wife lifestyle, this new want regarding consciousness off evil intent-the brand new wanted out of knowledge towards his part which he is committing crime-didn’t justification your, although legislation inexorably, in such cases, implies criminal purpose.”
- It was their duty, as per their religion, in order to endment secure their religious strategies
- You to definitely their huge jury was not lawfully constituted (legitimate underneath the legislation)
- You to definitely challenges which were brought up of the certain jurors were defectively overruled because of the court
- One any testimony considering try inadmissible due to the fact that it actually was considering right up less than another indictment
The Utah Territorial Best Courtroom disagreed, yet not, and you can kept Reynolds’ phrase during the 1876. In the Court’s unanimous choice, it had been reported that:
“Everybody else that have a loved one way of living, who marries another, if married or single, inside the a territory, or other set more than that your United states enjoys private legislation, is actually accountable for bigamy, and you may would be punished by the an excellent away from not more than $five-hundred, and also by imprisonment to own an expression off only four ages.”
The fresh Legal did give consideration about no matter if Reynolds could use his religion since the a shelter, as the Reynolds had debated one, since a Mormon, it absolutely was his spiritual responsibility to rehearse polygamy.
The new Legal did understand that Congress never citation a rules you to definitely forbids somebody of freely practicing the faith. Yet not, the fresh they held your legislation one prohibits bigamy doesn’t meet that basic, and that the idea that a person need to have one companion will be tracked completely back into English laws below Queen James I out-of The united kingdomt, upon which You.S. law was created.