This PowerPoint presentation argues in favor of the practice of polygyny from a religious perspective. It discusses how polygyny was practiced by biblical figures like Moses, Abraham, Jacob, and King Solomon. It also addresses how Joseph Smith reinstated the practice for members of the LDS Church, which led to conflicts with the government and anti-bigamy laws being passed. Although the practice was controversial and resulted in legal issues, the presentation asserts that polygyny remains a commandment for the LDS Church and deserves protection under the First Amendment.
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In this presentation, I will present the pro side of the controversial issue
of polygyny. I will show the history of the practice starting with the
ancient prophets like Moses and King Solomon, leading up to the
modern practice with the Prophet Joseph Smith, Jr. I will discuss the
height of the conflict over the issue with the government, where
widespread abuse resulted in federal anti-bigamy laws to stop the
practice. I will even address the major landmark U.S. Supreme Court
case that challenged the anti-bigamy laws as unconstitutional under
the First Amendment. This is all to give a fuller appreciation of the
depth and breadth of this controversial issue.
INTRODUCTION
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The Second Book of Moses
(Exodus 20) describes how
Moses ascended Mount
Sinai, to receive the law from
God, and thanks to Doctrine
and Covenant 132:1, we
know polygyny was one of
those laws.
http://www.kingjamesbibleonline.org/Exodus-Chapter-20/
4. Moses had two wives:
⦁Zipporah (Exodus 2:21, KJV)
⦁ Ethiopian (Num. 12:1, KJV)
http://www.kingjamesbibleonline.org/book.php?book=Exo
dus&chapter=2&verse=21
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Abraham had three wives…
⦁ Sarai (Genesis 16:1, KJV)
⦁ Hagar (Genesis 16:3, KJV)
⦁ Keturah (Genesis 25:1, KJV)
http://www.kingjamesbibleonline.org/
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Jacob had two wives
“And he rose up that
night, and took his two
wives, and his two
womenservants…”
Genesis 32:22
http://www.kingjamesbibleonline.org/
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King David wives…
“And David took
him…more
wives out of
Jerusalem…”
II Samuel 5:13, KJV
http://www.kingjamesbibleonline.org/
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Gideon had two wives
“And Gideon had
threescore and ten sons
of his body begotten:
for he had many wives.”
Judges 8:30
http://www.kingjamesbibleonline.org/
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Elkanah two wives…
“And he had two wives;
the name of the one was
Hannah, and the name of
the other Peninnah…”
1 Samuel 1:2
http://www.kingjamesbibleonline.org/
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Latter-day Prophet Joseph
Smith, Jr. , whose death mask is
pictured on the left, started a
ruckus when after receiving
divine sanction via revelation
he reinstated the ancient
practice of polygyny, following
the lead of ancient prophets
Moses, Abraham, and Jacob.
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The problem with Smith’s
brand of polygyny is that it
often involved him taking
wives who were married.
This is the definition of
adultery according to the
Book of Leviticus 18:17.
http://www.kingjamesbibleonline.org/Exodus-Chapter-20/
13. Another way Smith
began causing
controversy with
polygyny was by
wedding mothers and
daughter—a violation
of Leviticus 18:17
http://www.kingjamesbibleonline.org/Leviticus-18-17/
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14. Emma Smith, 22
Fanny Alger, 16
Lucina Harris, 37
Louisa Beaman, 26
Zina Jacobs, 20
Presendia Buell, 31
Agnes Smith, 31
Sylvia Lyon, 23
Mary Lightner, 23
Patty Sessions, 47
Marinda Hyde,27
Eliza Partridge, 22
Almera Johnson, 30
Lucy Walker, 17
Sarah Lawrence, 17
Maria Lawrence, 19
Helen Kimball, 14
Hannah Ells, 29http://en.wikipedia.org/wiki/List_of_Joseph_Smith's_wives 14
15. “And again, as pertaining to the law of the priesthood—if any man espouse a virgin, and
desire to espouse another, and the first give her consent, and if he espouse the second,
and they are virgins, and have vowed to no other man, then he is justified: he cannot
commit adultery for they are given unto him: for he cannot commit adultery with that
which belongeth to him
and to no one else.”
D&C 132:61
https://www.lds.org/scriptures/dc-testament/dc/132?lang=eng
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16. Monogamy is defined as mo·nog·a·my
noun -mē : the state or practice of being married to only one
person at a time
Retrieved from http://www.merriam-webster.com/ 16
17. POLYGAMY
1: marriage in which
a spouse of either sex
may have more than
one mate at the same
time
17
http://www.merriam-webster.com/
18. “If a man is found lying with a woman married
to a husband, then both of them shall die—the
man that lay with the woman, and the woman;
so you shall put away the evil from Israel.”
Deuteronomy 22:22
http://www.kingjamesbibleonline.org/book.php?book=Deuteronomy&chapter=22&verse=22 18
19. The Morrill Anti-Bigamy Act of 1862
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"Every person having a husband or wife
living, who marries another, whether
married or single, in a Territory, or other
place over which the United States have
exclusive jurisdiction, is guilty of bigamy,
and shall be punished by a fine of not
more than $500, and by imprisonment
for a term of not more than five years."
http://www.lexis.com/research/retrieve?_m=0c4232f95f699dbc6d0e26823bb3bf9a&csvc=le&cform=byCitation&_fmtstr=FULL&
docnum=1&_startdoc=1&wchp=dGLzVzk-zSkAz&_md5=81813d23eda07eacde97fd0d7e2dc7ef
20. KEY PROVISIONS OF MORRILL ACT:
•Sponsored by Justin Smith Morrill of
Vermont to proscribe practice of bigamy
•Signed into law on July 8, 1862 by President
Abraham Lincoln
Statutes at Large, 37th Congress, 2nd Session, page 501. A Century of Lawmaking for a New Nation: US Congressional
Documents and Debates, 1774 - 1875. The Library of Congress. 20
21. Edmunds Anti-Bigamy Act of 1882
•This act strengthened the Morrill Anti-Bigamy
Act
•Sponsored by Senator George F. Edmunds of
Vermont
•Declared polygamy a felony
• Made “bigamous” cohabitation a felony
http://en.wikipedia.org/wiki/Edmunds_Act#cite_note-Edmunds_Anti-Polygamy_Act_of_1882-1
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22. AMENDMENT I
“Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof…”
December 15, 1791
http://www.law.cornell.edu/search/site/first%20amendment 22
23. • George Reynolds, an LDS Church priesthood holder, was
charged with violating the Morrill-Anti-Bigamy Act after
wedding Amelia Schofield while married to Mary Ann
Tuddenham
• U.S. Supreme Court held that religious duty under the First
Amendment is not a defense to a criminal indictment…
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Reynolds v. United States, 98 U.S. (8 Otto.) 145 (1878)
http://www.lexis.com/research/retrieve?_m=0c4232f95f699dbc6d0e26823bb3bf9a&csvc=le&cform=byC
itation&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzk-
zSkAz&_md5=81813d23eda07eacde97fd0d7e2dc7ef
25. CA. BIGAMY DEFINED BY PENAL CODE:
281. (a) Every person having a husband or wife living, who
marries any other person…is guilty of bigamy.
283. Bigamy is punishable by a fine not exceeding ten thousand
dollars ($10,000) or by imprisonment in a county jail not
exceeding one year or in the state prison.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=281-289.6
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We have presented the pro side arguments for the religious exercise
of polygyny from the perspective of the LDS Church. In doing so, we
retraced the history of this divine tenet, starting 3400 years ago with
ancient prophets like Moses, Abraham, and Jacob, to the pinnacle of
the practice with King Solomon. We even linked the practice to
latter-day prophets like Joseph Smith, Jr.—a literal blood descendant
of Abraham, Isaac, and Jacob, to show that it was his abuse of
polygyny as adultery, which led to federal anti-bigamy laws. Despite
its sullied history, as it stands today, the LDS Church has not forsaken
polygyny. Polygyny remains an eternal commandment, and as such, it
deserves the full protection of law under the exercise clause of the
First Amendment.
CONCLUSION
The Second Book of Moses (Exodus 20) describes how the ancient prophet Moses received the divine law for the ancient saints, and thanks to Doctrine and Covenant 132:1, we know that the practice of polygyny was one of those laws.
We know according to ancient Hebrew scrolls that Moses had at least two wives, and likely many more we will never know about due to lost records.
The problem with Smith’s brand of polygyny is that it often involved taking wives who were already married. This was in fact adultery
Here is a list of about fifty of Smith’s wives (some of whom were married) whose ages range from 14-58…
The definition for polygyny as practiced by the LDS Church is found in Doctrine and Covenant 132:61
In short, it involves a single male priesthood holder taking unlimited wives, provided they are single, worthy, and give their consent.
This is the traditional notion of marriage that most people think of and it is defined as follows:
“the state or practice of being married to only one person at a time”
Retrieved from http://www.merriam-webster.com/
Back to the merriamwebster.com definition of polygamy. Notice how the distinction is “either sex” may have more than one mate.
This is adultery folks! And this is what made his practice so controversial, the fact that he was using the sacred practice of polygyny to practice what in reality was adultery…
I show this slide only to emphasize the severity of the divine judgment for adultery
Largely as a result of Smith, and others who followed in his footsteps taking on multiple wives, the federal government took steps to halt the practice.
The text of the First Amendment clearly shows that in 1791, the federal government can neither establish nor prohibit the exercise of religion as it had attempted to do under the Morrill Anti-Bigamy Act and the Edmunds Act.
To prove that federal anti-bigamy laws were null and void under the First Amendment, the LDS Church set up a test case.
As a result of cases like Reynolds v. United States, states such as California began ratifying state versions of the orrill Anti-Bigamy statutes
The California bigamy statues reads as follows:
A screenshot of Reynolds v. United States from lexis.com where the case has been shepardized… Note the prominent red stop sign signaling that the landmark case may not be so precedential after all..
I contend that with the right set of fact, another generation of LDS men will expose state and federal anti-bigamy laws as void under the exercise clause of the First Amendment