Even though it y is a common practice regarding Mormon religion, which the fresh new Mormon religion has offered polyandry throughout record, the fact remains the Mormon customers do not behavior polygamy, however, consider it getting a critical offense from the regulations of the home, together with up against the laws and regulations of gospel.
Polyandry Example one Place Judge Precedent
George Reynolds belonged towards Church regarding Goodness Christ of Latter-Time Saints (the newest “Mormon” Church) when he was faced with bigamy inside the 1874. The brand new LDS Church sensed at the time that Morrill Anti-Bigamy Work from 1862 try unconstitutional, since it refuted the fresh Church’s players the legal right to practice their faith freely by allowing these to has actually numerous spouses, that was section of the faith. Brand new Morrill Anti-Bigamy Work was a law, finalized from the President Abraham Lincoln, you to prohibited polygamy, and you may minimal the degree of chapel- and you will non-profit-owned regions to help you a max worth of $50,000.
S. Attorney numerous witnesses who you may testify to the fact that Reynolds did in fact keeps a couple of wives, and that he had been indicted to own bigamy from the a grand Jury within the Oct off 1874
Due to the fact Utah try a much-flung nest, and you can Lincoln had their hands complete to the strong Civil Conflict, legislation wasn’t implemented. The cause of the brand new charges facing Reynolds try which he elia Jane Schofield as he had been .
Reynolds try being employed as a receptionist toward chairman of the LDS Chapel at that time. At the same time, new Church’s ruling body offered to help the You.S. Best Courtroom which have an examination case who would help determine the newest constitutionality of your anti-bigamy laws giving the new Judge which have a great offender. Reynolds offered to serve as you to definitely defendant, to check perhaps the rules violated the newest mans Earliest Modification legal rights. Then provided to brand new U.
Reynolds tried to feel the trial court teach new jury you to definitely when they believed he previously the full time bigamy towards the sole purpose away from following his faith, he then have to be receive not guilty. Yet not, new court refuted their demand and rather educated the latest jury one to whenever they discovered that Reynolds, under the influence of his faith:
“… on purpose hitched another date, with a first girlfriend way of life, the latest require away from awareness away from worst purpose-the newest wanted from skills on the his region that he are committing crime-did not justification your, however the legislation inexorably, in these instances, implies criminal intent.”
- It absolutely was their obligation, according to his religion, to endment safe their religious methods
- You to their grand jury was not legally constituted (legitimate according to the law)
- You to definitely pressures that have been lifted because of the particular jurors was in fact improperly overruled by the https://datingranking.net/tr/wellhello-inceleme/ judge
- You to any testimony given is inadmissible because it actually was offered right up not as much as other indictment
The Utah Territorial Best Courtroom disagreed, yet not, and you can kept Reynolds’ phrase in 1876. Regarding Court’s unanimous choice, it had been reported that:
“Everybody else which have a loved one life style, exactly who marries another, whether married otherwise solitary, within the an area, or any other place more which the You have personal jurisdiction, try responsible for bigamy, and you will should be penalized by the a superb away from only $five hundred, and by imprisonment to possess a term out-of only four many years.”
The latest Legal did give consideration concerning regardless of if Reynolds may use his religious beliefs once the a shelter, once the Reynolds got debated you to, as the a good Mormon, it absolutely was his spiritual obligations to train polygamy.
This new Judge performed realize that Congress usually do not citation a rules you to forbids someone out of easily practicing their religion. However, the brand new they kept that laws you to definitely prohibits bigamy doesn’t meet you to definitely practical, and this the idea that somebody need singular spouse would be traced right to English law below Queen James We off England, upon which You.S. laws try built.