This document discusses the 1879 Supreme Court case Reynolds v. United States, which addressed whether religious belief could justify illegal action. Specifically, it examined whether Mormon beliefs supporting plural marriage were protected under the First Amendment. The Court ruled that while belief is protected, religious practices can be regulated by the state if they threaten public peace or morality. Polygamy was deemed an offense against society and patriarchal in nature. Therefore, religious belief did not except one from having to follow the law.

1. Reynolds v. United States
1879

2. Mormonism
• The Church of Jesus Christ of
Latter Day Saints (LDS)
• Founded by Joseph Smith in
1830
• Book of Mormon
• Vision of 1827
• Persecuted across the country
• NY > OH > MO > IL > UT

3. The Mormon Trail

4. Brigham Young, 1849
“We have been kicked out the frying pan into
the fire, out of the fire into the middle of the
floor, and here we are and here we will stay.
God has shown us that this is the spot to locate
His people, and here is where they will prosper;
He will temper His elements for the good of the
saints; He will rebuke the frost and the sterility
of the soil, and the land shall become fruitful.
Brethren, go to, now, and plant out your fruit
seeds.”

5. Anti-Mormonism

7. Plural Marriage

8. Plural Marriage
• Began in 1841 with marriage between
Smith and Louisa Beaman
• Extended to Church leaders
• Made public in 1852 in Deseret (Utah)
• Patriarchal society in Utah territory

9. Anti-Polygamy Legislation
• 1862 Morrill Anti-Bigamy Act
• Reynolds v. United States
• 1887 Edmunds-Tucker Act against
“unlawful cohabitation”
• 1890 Woodruff Manifesto called for ending
polygamy
• 1896 Utah becomes a state

10. Reynolds v. United States (1879)
Reynolds:
This is my authentic religious belief
and so it is protected.

11. The Big Question:
Can religious belief justify illegal action?

12. What is “religion?”
• Turns to the colonial context of the First
Amendment
• Keep the state out of “field of opinion”
(belief)
• But state can interfere with “overt acts
against the peace and good order”
(practices)

13. Polygamy is a social/political problem
• An “offence against society”
• Never not been an offence in the United
States
• Patriarchal
• Despotism

14. Does religion except one from the law?
• What about human sacrifices?
• Laws must organize society regardless of
religion.
• “every citizen to become a law unto
himself”
• “it was still belief, and belief only”