The Court did take notice regarding even if Reynolds might use his faith due to the fact a shelter, due to the fact Reynolds got contended one to, as good Mormon, it was his religious obligations to practice polygamy
Even though it y is a type of behavior on Mormon faith, which the fresh new Mormon faith enjoys offered polyandry during the background, the reality is your Mormon people today do not practice polygamy, however, consider it becoming a life threatening offense up against the statutes of your own homes, in addition to from the laws and regulations of your gospel.
Polyandry Analogy one to Place Legal Precedent
George Reynolds belonged to your Chapel from Goodness Christ of Second-Time Saints (the new “Mormon” Church) as he try charged with bigamy when you look at the 1874. The fresh new LDS Chapel believed at that time that the Morrill Anti-Bigamy Operate off 1862 is unconstitutional, because denied the fresh new Church’s players the ability to practice its faith freely by permitting these to has actually numerous partners, that was section of its faith. New Morrill Anti-Bigamy Work is actually a law, signed from the President Abraham Lincoln, one blocked polygamy, and you may restricted the degree of chapel- and low-profit-had areas to help you an optimum worth of $50,000.
Since Utah was a much-flung colony, and Lincoln had his give full towards the burgeoning Municipal Combat, the law was not enforced. The cause of the new charges up against Reynolds was he elia Jane Schofield as he had been .
Reynolds try being employed as a secretary to your president of LDS Chapel during the time. At the same time, the new Church’s governing system wanted to assist the You.S. Ultimate Courtroom that have a test situation who assist influence this new constitutionality of the anti-bigamy law giving this new http://www.datingranking.net/local-hookup/boston-2 Legal which have an effective offender. Reynolds accessible to act as one accused, to check on perhaps the rules violated brand new mans Earliest Modification rights. Then he accessible to the newest You.S. Lawyer numerous witnesses which you’ll testify to the fact that Reynolds did in reality features one or two spouses, which he was indicted getting bigamy from the a grand Jury in the October regarding 1874.
Reynolds tried to have the trial judge train the brand new jury one when they noticed he previously the amount of time bigamy on just objective from after the their religion, then he must be discovered simple. But not, brand new court declined his consult and you will instead educated the brand new jury you to definitely when they found that Reynolds, consuming their religion:
“… on purpose married one minute date, which have a primary girlfriend way of living, this new need out of consciousness out-of worst purpose-the newest need of expertise towards the his area that he was committing crime-failed to reason him, however the rules inexorably, in such cases, means criminal intention.”
- That it was their obligation, as per their religion, so you can endment secure his religious methods
- One to their grand jury wasn’t legitimately constituted (valid in rules)
- One challenges that have been brought up of the specific jurors was defectively overruled by judge
- You to definitely any testimony considering was inadmissible because it absolutely was provided right up significantly less than various other indictment
The newest Utah Territorial Ultimate Legal disagreed, but not, and you may upheld Reynolds’ sentence from inside the 1876. From the Court’s unanimous choice, it absolutely was stated that:
“Every person which have a husband or wife traditions, just who marries other, if married or unmarried, for the an area, or other set over that your You enjoys private jurisdiction, is guilty of bigamy, and you will shall be penalized of the a superb out-of only $500, by imprisonment getting an expression off only five many years.”
Brand new Court performed understand that Congress dont citation a laws one prohibits some body regarding easily exercising the faith. Yet not, the latest it kept your law you to forbids bigamy will not see one to standard, hence the concept that a person need to have singular mate might possibly be tracked the whole way returning to English law below King James We off The united kingdomt, where U.S. laws is depending.