Brand new Legal performed give consideration about in the event Reynolds may use their religion due to the fact a shelter, because the Reynolds had debated one, as an excellent Mormon, it was their religious obligations to rehearse polygamy

While it y is a type of behavior on the Mormon faith, and this new Mormon faith have offered polyandry throughout the history, the stark reality is your Mormon customers don’t habit polygamy, however, consider this to get a life threatening crime from the laws and regulations of the belongings, also from the laws of your gospel.

Polyandry Example that Lay Judge Precedent

George Reynolds belonged toward Chapel out of Jesus Christ out of Second-Big date New orleans saints (the brand new “Mormon” Church) as he was faced with bigamy when you look at the 1874. The LDS Chapel felt during the time that Morrill Anti-Bigamy Act out of 1862 try unconstitutional, since it declined the brand new Church’s participants the authority to routine their faith freely by permitting them to provides multiple spouses, which had been part of their religion. The hookup app Charlotte newest Morrill Anti-Bigamy Operate try a legislation, finalized by the Chairman Abraham Lincoln, you to definitely banned polygamy, and you will minimal the level of church- and you may non-profit-owned areas so you can an optimum worth of $50,one hundred thousand.

Because Utah are a much-flung nest, and Lincoln got their give complete on strong Civil War, the law wasn’t implemented. The reason behind the new charge against Reynolds try that he elia Jane Schofield while he was still .

Reynolds are being employed as a secretary on the chairman of LDS Church at the time. Meanwhile, the brand new Church’s ruling looks wanted to assist the U.S. Finest Legal which have a test case that would let determine the constitutionality of anti-bigamy legislation by giving the Courtroom having good accused. Reynolds offered to act as you to accused, to test if the law violated the fresh new mans First Modification liberties. Then agreed to brand new You.S. Attorney multiple witnesses who could testify to the fact that Reynolds performed in reality features a few wives, and this he was indicted to own bigamy from the a grand Jury within the October regarding 1874.

Reynolds made an effort to feel the demo courtroom teach the brand new jury one once they believed he previously the time bigamy into the best objective from following their religion, then have to be discovered not guilty. But not, the newest legal declined their consult and rather trained the latest jury you to if they found that Reynolds, intoxicated by their faith:

“… on purpose partnered a moment big date, which have a first wife traditions, the fresh want from awareness out-of evil intention-the need regarding knowledge to the their part he are committing crime-did not excuse him, nevertheless legislation inexorably, in such instances, indicates violent intention.”

• It was his obligation, depending on their faith, so you’re able to endment secure his religious techniques
• One their huge jury wasn’t legitimately constituted (valid beneath the law)
• One to challenges that were lifted by the specific jurors was basically badly overruled of the judge
• One to people testimony given is actually inadmissible due to the fact that it was offered up less than other indictment

The new Utah Territorial Ultimate Legal disagreed, yet not, and upheld Reynolds’ phrase during the 1876. Regarding the Court’s unanimous choice, it actually was reported that:

“Everyone that have a husband or wife lifestyle, which marries various other, if hitched or unmarried, when you look at the an area, or any other put over that the All of us enjoys exclusive legislation, is accountable for bigamy, and you can might be penalized by a superb regarding not more than $five hundred, and also by imprisonment for an expression away from only five age.”

The fresh Courtroom performed realize that Congress never citation a rules you to prohibits some body of freely exercising the faith. not, the new it kept your law you to prohibits bigamy cannot see you to definitely important, and this the theory that a person have to have only 1 partner was traced the whole way back to English legislation not as much as Queen James I from The united kingdomt, where U.S. rules are centered.