U.S. government actions against polygamy Mormon polygamy was one of the leading moral issues of the 19th century in the United States, perhaps second only to slavery in importance. Spurred by popular indignation, the U.S. government took a number of steps against polygamy; these were of varying effectiveness. Anti-polygamy laws began to be passed ten years after the church publicly announced the practice of polygamy.
1862 Morrill Anti-Bigamy Act In 1862, the Morrill Anti-Bigamy Act became law. The act criminalized the practice of polygamy, unincorporated the church, and limited the church's real estate holdings. The act was largely understood to be unconstitutional and was only enforced in rare cases. While the act outlawed bigamy in the US territories, it was seen to be largely weak and ineffective at preventing people from practicing polygamy. However, due to the continuous threat of legislation targeting polygamy and the church, Brigham Young pretended to comply.
Wade, Cragin, and Cullom Bills The Wade, Cragin, and Cullom Bills were anti-bigamy legislation that failed to pass in the US Congress. The bills were all intended to enforce the Morrill Act's prohibition on polygamy with more punitive measures. The Wade Bill of 1866 had the power to dismantle local government in Utah. Three years after the Wade Bill failed, the Cragin Bill, which would have eliminated the right to a jury for bigamy trials, was introduced but not passed. After that, the Cullom Bill was introduced. One of the most concerning parts of the Cullom Bill for polygamists was that, if passed, anyone who practiced any type of non-monogamous relationship would not be able to become a citizen of the United States, vote in elections, or receive the benefits of the homestead laws. The leadership of the church publicly opposed the Cullom Bill. Op-eds in church-owned newspapers declared the bill as unjust and dangerous to Mormons. The introduction of the Cullom Bill led to protests by Mormons, particularly Mormon women. Women organized indignation meetings to voice their disapproval of the bill. The Poland Act allowed for men who had multiple wives to be criminally
indicted, which included many LDS men of the time.
1882 Edmunds Act In February 1882,
George Q. Cannon, a prominent leader in the church, was denied a non-voting seat in the U.S. House of Representatives due to his polygamous relations. This revived the issue of polygamy in national politics. One month later, the
Edmunds Act was passed by Congress, amending the Morrill Act and made polygamy a felony punishable by a $500 fine and five years in prison. "Unlawful cohabitation", in which the prosecution did not need to prove that a marriage ceremony had taken place (only that a couple had lived together), was a misdemeanor punishable by a $300 fine and six months imprisonment.
1887 Edmunds–Tucker Act , imprisoned under the Edmunds–Tucker Act, at the Utah Penitentiary in 1889. In 1887, the
Edmunds–Tucker Act allowed the disincorporation of the LDS Church and the seizure of church property; it also further extended the punishments of the Edmunds Act. On July 31 of the same year, U.S. Attorney General George Peters filed suit to seize all church assets. The church was losing control of the territorial government, and many members and leaders were being actively pursued as fugitives. Without being able to appear publicly, the leadership was left to navigate "underground". Following the passage of the Edmunds–Tucker Act, the church found it difficult to operate as a viable institution. After visiting priesthood leaders in many settlements, church president
Wilford Woodruff left for San Francisco on September 3, 1890, to meet with prominent businessmen and politicians. He returned to Salt Lake City on September 21, determined to obtain divine confirmation to pursue a course that seemed to be agonizingly more and more clear. As he explained to church members a year later, the choice was between, on the one hand, continuing to practice polygamy and thereby losing the
temples, "stopping all the ordinances therein" and, on the other, ceasing to practice polygamy in order to continue performing the essential ordinances for the living and the dead. Woodruff hastened to add that he had acted only as the Lord directed.
1879 Reynolds vs. United States In 1879, the
Supreme Court ruled that a defendant cannot claim a religious obligation as a valid defense to a crime and upheld the Morrill Anti-Bigamy Act in
Reynolds v. United States. The Court said that while holding a religious belief was protected under the
First Amendment right of freedom of religion, practicing a religious belief that broke the law was not.
Reynolds vs.
United States was the Supreme Court's first case in which a party used the right of
freedom of religion as a defense. The ruling concluded that Mormons could be charged with committing bigamy despite their religious beliefs.
1890 Manifesto banning new polygamous marriages The final element in Woodruff's revelatory experience came on the evening of September 23, 1890. The following morning, he reported to some of the
general authorities that he had struggled throughout the night with the Lord regarding the path that should be pursued. The result was a 510-word handwritten manuscript which stated his intentions to comply with the law and denied that the church continued to solemnize or condone polygamous marriages. The document was later edited by
George Q. Cannon of the
First Presidency and others to its present 356 words. On October 6, 1890, it was presented to the Latter-day Saints at the
General Conference and unanimously approved. While many church leaders in 1890 regarded the
Manifesto as inspired, there were differences among them about its scope and permanence. Contemporary opinions include the contention that the manifesto was more related to an effort to achieve statehood for the Utah territory. Some leaders were reluctant to terminate a long-standing practice that was regarded as divinely mandated. As a result, over 200 polygamous marriages were performed between 1890 and 1904.
1904 Second Manifesto It was not until 1904, under the leadership of church president
Joseph F. Smith, that the church completely banned new polygamous marriages worldwide. Not surprisingly, rumors persisted of marriages performed after the 1890 Manifesto, and beginning in January 1904, testimony given in the
Smoot hearings made it clear that polygamy had not been completely extinguished. The ambiguity was ended in the General Conference of April 1904, when Smith issued the "
Second Manifesto", an emphatic declaration that prohibited new polygamous marriages and proclaimed that offenders would be subject to
church discipline. It declared that any who participated in additional plural marriages, and those officiating, would be excommunicated from the church. Those disagreeing with the Second Manifesto included apostles
Matthias F. Cowley and
John W. Taylor, who both resigned from the
Quorum of the Twelve. Cowley retained his membership in the church, but Taylor was later excommunicated. Although the Second Manifesto ended the official practice of new polygamous marriages, existing ones were not automatically dissolved. Many Mormons, including prominent church leaders, maintained their polygamy into the 1940s and 1950s. In 1943, the
First Presidency learned that apostle
Richard R. Lyman was cohabitating with a woman other than his legal wife. As it turned out, in 1925 Lyman had begun a relationship which he defined as a polygamous marriage. Unable to trust anyone else to officiate, Lyman and the woman exchanged vows secretly. By 1943, both were in their seventies. Lyman was excommunicated on November 12, 1943. The Quorum of the Twelve provided the newspapers with a one-sentence announcement, stating that the ground for excommunication was violation of the
law of chastity. ==Polygamy in other churches in the Latter Day Saint movement==