New Courtroom did take notice about even though Reynolds could use their religion since the a protection, just like the Reynolds had argued one to, since a beneficial Mormon, it absolutely was their spiritual obligations to train polygamy
Whilst it y is a type of behavior on Mormon religion, and therefore new Mormon faith keeps served polyandry through the records, the fact is that Mormon consumers do not routine polygamy, but think it over as a critical offense up against the laws of your homes, also from the rules of the gospel.
Polyandry Analogy one to Put Court Precedent
George Reynolds belonged into Church from God Christ regarding Latter-Date Saints (the latest “Mormon” Church) when he try faced with bigamy within the 1874. The LDS Chapel felt during the time your Morrill Anti-Bigamy Act off 1862 is unconstitutional, because denied the fresh Church’s people the legal right to routine their faith freely by permitting these to features numerous partners, that was element of their religion. The newest Morrill Anti-Bigamy Act is a rules, finalized by President Abraham Lincoln, one to banned polygamy, and you may restricted the amount of church- and you will low-profit-possessed territories so you can an optimum property value $fifty,100.
Given that Utah are a far-flung colony, and you may Lincoln had his give full with the burgeoning Municipal Combat, regulations wasn’t enforced. The reason for new fees up against Reynolds try which he elia Jane Schofield as he had been .
Reynolds is actually working as an assistant towards the chairman of one’s LDS Chapel during the time. At the same time, the Church’s ruling human body agreed to assist the You.S. Ultimate Court that have a test circumstances who would let determine the fresh constitutionality of your own anti-bigamy laws by providing the brand new Legal having a beneficial offender. Reynolds agreed to serve as one accused, to evaluate if the law violated the new people’s Basic Amendment rights. Then he wanted to new You.S. Attorneys multiple witnesses just who you can expect to attest that Reynolds performed indeed provides two wives, which he was indicted getting bigamy by the a huge Jury inside the October out of 1874.
Reynolds made an effort to have the demo legal teach the new jury that once they considered he’d the time bigamy towards the only mission away from adopting the their religion, then should be receive not guilty. Yet not, the court denied their demand and rather taught brand new jury one if they unearthed that Reynolds, under the influence of their religion:
“… on purpose hitched the second day, with a first wife life, the https://datingranking.net/local-hookup/bendigo/ need out of awareness from worst intention-the newest require off knowledge to your their region he is actually committing crime-failed to excuse your, but the legislation inexorably, in such instances, indicates criminal intent.”
- It absolutely was his obligations, as per his religion, to help you endment safe their religious strategies
- One to their grand jury wasn’t legally constituted (legitimate according to the legislation)
- You to demands which were elevated by the specific jurors was in fact badly overruled by legal
- You to any testimony considering are inadmissible due to the fact that it actually was provided up significantly less than other indictment
The brand new Utah Territorial Supreme Judge disagreed, not, and kept Reynolds’ phrase in the 1876. About Court’s unanimous choice, it was stated that:
“Anyone having a wife or husband way of life, exactly who marries several other, if married or single, from inside the a region, or any other set more than that United states possess personal legislation, try responsible for bigamy, and you can might be penalized by a fine away from only $five-hundred, by imprisonment having an expression from only four decades.”
This new Legal did realize that Congress cannot ticket a law that forbids anyone from freely doing their religion. Yet not, the new it kept your laws one to prohibits bigamy will not satisfy one to important, and this the idea that a person need only one mate might possibly be tracked entirely back to English rules below Queen James I of England, upon which U.S. law are dependent.
