Reynolds V. United States - Background

Background

The Mormons, believing that the law unconstitutionally deprived them of their First Amendment right to freely practice their religion, chose to ignore the Morrill Anti-Bigamy Act at the time. On the other hand, in subsequent years, efforts had been underway to strengthen the anti-bigamy laws. Eventually, amid the efforts to indict the LDS leadership for bigamy, the First Presidency agreed to furnish a defendant in a test case to be brought before the United States Supreme Court to determine the constitutionality of the anti-bigamy law. Reynolds, a secretary in the office of the President of the Church, agreed to serve as the defendant, then provided the attorney numerous witnesses who could testify of his being married to two wives, and was indicted for bigamy by a grand jury on October 23, 1874. In 1875, Reynolds was convicted and sentenced to two years hard labor in prison and a fine of five hundred dollars. In 1876 the Utah Territorial Supreme Court upheld the sentence.

Previously, U.S. Attorney William Carey promised to stop his attempts to indict general authorities during the test case. However when Carey failed to keep his promise and arrested George Q. Cannon, the LDS Church leaders decided that they would no longer cooperate with him.

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