Plural marriage and the law

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Legality of polygamy

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• Question: Was polygamy illegal?
• Was the practice of polygamy against the law in Illinois in the 1840s?
• Gregory L. Smith, M.D., "Polygamy, Prophets, and Prevarication: Frequently and Rarely Asked Questions about the Initiation, Practice, and Cessation of Plural Marriage in The Church of Jesus Christ of Latter-day Saints"

A question has many times been asked of the Church and of its individual members, to this effect: In the case of a conflict between the requirements made by the revealed word of God, and those imposed by the secular law, which of these authorities would the members of the Church be bound to obey?…Pending the overruling by Providence in favor of religious liberty, it is the duty of the saints to submit themselves to the laws of their country.

James E. Talmage, The Articles of Faith (Salt Lake City, Utah: Deseret Book Company, 1981[1899]),382–383.

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Question: Was polygamy illegal?

Jump to details:

• Question: Was polygamy illegal?
• Contrary to popular belief, the plural marriages in Illinois were not illegal under the adultery statutes of the day
• The Church believes in honoring and sustaining the law, but it does not believe that members must surrender their religious beliefs or conscience to the state
• The practice of polygamy during periods when it was illegal is a clear case of civil disobedience

1. REDIRECT Joseph Smith/Polygamy/Illegal in Nauvoo

Gregory L. Smith, M.D., "Polygamy, Prophets, and Prevarication: Frequently and Rarely Asked Questions about the Initiation, Practice, and Cessation of Plural Marriage in The Church of Jesus Christ of Latter-day Saints"

Gregory L. Smith, M.D.,  FairMormon Papers, (2005)

Critics charge that the Church and its members participated in polygamy in violation of both state and federal laws. It is therefore argued that the Church abandoned its commitment to “obeying, honoring, and sustaining the law.”8 Critics, however, make such arguments without a full understanding of the legal considerations of the day and without understanding how civil disobedience plays into the picture.

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