What were Helen Mar Kimball's views on plural marriage?

Helen disliked plural marriage because of the difficulties it placed on her mother

Helen made clear what she disliked about plural marriage in Nauvoo, and it was not physical relations with an older man:

I had, in hours of temptation, when seeing the trials of my mother, felt to rebel. I hated polygamy in my heart, I had loved my baby more than my God, and mourned for it unreasonably….^[28]

Helen is describing a period during the westward migration when (married monogamously) her first child died. Helen was upset by polygamy only because she saw the difficulties it placed on her mother. She is not complaining about her own experience with it.

Main article: Divine manifestations of plural marriage: Heber and Vilate Kimball

Helen Mar Kimball: "I have encouraged and sustained my husband in the celestial order of marriage because I knew it was right"

Helen Mar Kimball:

All my sins and shortcomings were magnified before my eyes till I believed I had sinned beyond redemption. Some may call it the fruits of a diseased brain. There is nothing without a cause, be that as it may, it was a keen reality to me. During that season I lost my speech, forgot the names of everybody and everything, and was living in another sphere, learning lessons that would serve me in future times to keep me in the narrow way. I was left a poor wreck of what I had been, but the Devil with all his cunning, little thought that he was fitting and preparing my heart to fulfill its destiny….

[A]fter spending one of the happiest days of my life I was moved upon to talk to my mother. I knew her heart was weighed down in sorrow and I was full of the holy Ghost. I talked as I never did before, I was too weak to talk with such a voice (of my own strength), beside, I never before spoke with such eloquence, and she knew that it was not myself. She was so affected that she sobbed till I ceased. I assured her that father loved her, but he had a work to do, she must rise above her feelings and seek for the Holy Comforter, and though it rent her heart she must uphold him, for he in taking other wives had done it only in obedience to a holy principle. Much more I said, and when I ceased, she wiped her eyes and told me to rest. I had not felt tired till she said this, but commenced then to feel myself sinking away. I silently prayed to be renewed, when my strength returned that instant…

I have encouraged and sustained my husband in the celestial order of marriage because I knew it was right. At various times I have been healed by the washing and annointing, administered by the mothers in Israel. I am still spared to testify to the truth and Godliness of this work; and though my happiness once consisted in laboring for those I love, the Lord has seen fit to deprive me of bodily strength, and taught me to 'cast my bread upon the waters' and after many days my longing spirit was cheered with the knowledge that He had a work for me to do, and with Him, I know that all things are possible…^[29]

Why would Joseph marry a young woman in her teens?

What is Presentism?

Imagine a school-child who asks why French knights didn't resist the English during the Battle of Agincourt (in 1415) using Sherman battle tanks. We might gently reply that there were no such tanks available. The child, a precocious sort, retorts that the French generals must have been incompetent, because everyone knows that tanks are necessary. The child has fallen into the trap of presentism—he has presumed that situations and circumstances in the past are always the same as the present. Clearly, there were no Sherman tanks available in 1415; we cannot in fairness criticize the French for not using something which was unavailable and unimagined.

Spotting such anachronistic examples of presentism is relatively simple. The more difficult problems involve issues of culture, behavior, and attitude. For example, it seems perfectly obvious to most twenty-first century North Americans that discrimination on the basis of race is wrong. We might judge a modern, racist politician quite harshly. We risk presentism, however, if we presume that all past politicians and citizens should have recognized racism, and fought it. In fact, for the vast majority of history, racism has almost always been present. Virtually all historical figures are, by modern standards, racists. To identify George Washington or Thomas Jefferson as racists, and to judge them as moral failures, is to be guilty of presentism.

A caution against presentism is not to claim that no moral judgments are possible about historical events, or that it does not matter whether we are racists or not. Washington and Jefferson were born into a culture where society, law, and practice had institutionalized racism. For them even to perceive racism as a problem would have required that they lift themselves out of their historical time and place. Like fish surrounded by water, racism was so prevalent and pervasive that to even imagine a world without it would have been extraordinarily difficult. We will not properly understand Washington and Jefferson, and their choices, if we simply condemn them for violating modern standards of which no one in their era was aware.

A textbook example of presentist history is the claim that Joseph engaged in "statuatory rape"

Condemning Joseph Smith for "statutory rape" is a textbook example of presentist history. "Rape," of course, is a crime in which the victim is forced into sexual behavior against her (or his) will. Such behavior has been widely condemned in ancient and modern societies. Like murder or theft, it arguably violates the moral conscience of any normal individual. It was certainly a crime in Joseph Smith's day, and if Joseph was guilty of forced sexual intercourse, it would be appropriate to condemn him.

(Despite what some claim, not all marriages or sealings were consummated, as in Helen's case discussed above.)

"Statutory rape," however, is a completely different matter. Statutory rape is sexual intercourse with a victim that is deemed too young to provide legal consent--it is rape under the "statute," or criminal laws of the nation. Thus, a twenty-year-old woman who chooses to have sex has not been raped. Our society has concluded, however, that a ten-year-old child does not have the physical, sexual, or emotional maturity to truly understand the decision to become sexually active. Even if a ten-year-old agrees to sexual intercourse with a twenty-year-old male, the male is guilty of "statutory rape." The child's consent does not excuse the adult's behavior, because the adult should have known that sex with a minor child is illegal.

Even in the modern United States, statutory rape laws vary by state. A twenty-year-old who has consensual sex with a sixteen-year-old in Alabama would have nothing to fear; moving to California would make him guilty of statutory rape even if his partner was seventeen.

By analogy, Joseph Smith likely owned a firearm for which he did not have a license--this is hardly surprising, since no law required guns to be registered on the frontier in 1840. It would be ridiculous for Hitchens to complain that Joseph "carried an unregistered firearm." While it is certainly true that Joseph's gun was unregistered, this tells us very little about whether Joseph was a good or bad man. The key question, then, is not "Would Joseph Smith's actions be illegal today?" Only a bigot would condemn someone for violating a law that had not been made.

Rather, the question should be, "Did Joseph violate the laws of the society in which he lived?" If Joseph did not break the law, then we might go on to ask, "Did his behavior, despite not being illegal, violate the common norms of conscience or humanity?" For example, even if murder was not illegal in Illinois, if Joseph repeatedly murdered, we might well question his morality.

Does the case of Helen mean Joseph was a "pedophile"?

"Pedophilia" applies to children; Helen was regarded as a mature young woman

Helen specifically mentioned that she was regarded as mature.^[30] 'Pedophilia' is an inflammatory charge that refers to a sexual attraction to pre-pubertal children. It simply does not apply in the present case, even if the relationship had been consummated.

It is claimed by critics that the average age of menarche in 1840 was 16.4 years and that therefore Helen Mar Kimball was prepubescent when she was sealed to Joseph Smith at age 14

Critics of Mormonism claim that Helen Mar Kimball was prepubescent at the time that she was sealed to Joseph Smith, and that this is therefore evidence that Joseph was a pedophile. Pedophila describes a sexual attraction to prepubescent children. However, there is no evidence that Helen ever cohabited with or had sexual relations with Joseph. In fact, she continued to live with her parents after the sealing.

The use of the term "pedophilia" by critics in this situation is intended to generate a negative emotional response in the reader. Pedophiles don't advertise their obsession and they certainly don't discuss marriages with the parents of their intended victims. It was Heber C. Kimball that requested that this sealing be performed, not Joseph. There is no evidence that Joseph was a pedophile.

The age of menarche in America in 1840 has a normal distribution close to a mean of 15.2 years and a standard deviation of 1.85

European data indicates a long term linear drop, while US data is much more sparse. Using post-1910 data, Wyshak (1983) determined that the average age at menarche was dropping linearly at 3.2 month/decade with a value of 13.1 in 1920. This trend projects to 15.2 in 1840 and 16.3 in 1800. The onset of menarche follows a normal distribution that had a larger spread in the 19th century (σ≈1.7 to 2.0) in Brown (1966) and Laslett (1977).^[31]

Helen Mar Kimball was likely married near the end of the month of May in 1843 and was thus approximately 14.8 years old when she was sealed to Joseph Smith. With only the statistics cited above we can conclude that 40% of the young women her age would have already matured and thus in their society be considered marriage eligible. If 40% is taken as an a priori probability, additional information puts maturity at her first marriage beyond a reasonable doubt using Bayesian methodology.

Helen and her contemporaries considered her mature for her age

Helen remembered transitioning from childhood to adulthood over a year before her first marriage as she attended social functions with older teens. Here is quote on the abruptness of this transition in the past from a graduate course's textbook on child development:

In industrial societies, as we have mentioned, the concept of adolescence as a period of development is quite recent. Until the early twentieth century, young people were considered children until they left school (often well before age 13), married or got a job, and entered the adult world. By the 1920s, with the establishment of comprehensive high schools to meet the needs of a growing economy and with more families able to support extended formal education for their children, the teenage years had become a distinct period of development (Keller, 1999). In some preindustrial societies, the concept of adolescence still does not exist. The Chippewa, for example, have only two periods of childhood: from birth until the child walks, and from walking to puberty. What we call adolescence is, for them, part of adulthood (Broude, 1995), as was true in societies before industrialization.^[32]

Helen recalls that by March 1842, she "had grown up very fast and my father often took me out with him and for this reason was taken to be older than I was." At these social gatherings, she developed a crush on her future husband Horace Whitney. She later married him after Joseph Smith's martyrdom and her 16th birthday and had 12 children with him.

According to Helen:

Sarah Ann's brother, Horace, who was twenty months her senior, made one of the party but had never dreamed of such a thing as matrimony with me, whom he only remembered in the earliest school days in Kirtland as occupying one of the lowest seats. He becoming enough advanced, soon left the one taught in the red schoolhouse on the flat and attended a higher one on the hill, and through our moving to Missouri and Illinois we lost sight of each other. After the party was over I stopped the rest of the night with Sarah, and as her room and his were adjoining, being only separated by a partition, our talk seemed to disturb him, and he was impolite enough to tell us of it, and request us to stop and let him go to sleep, which was proof enough that he had never thought of me only as the green school girl that I was, or he would certainly have submitted gracefully (as lovers always should) to be made a martyr of.
—Helen Mar Kimball Whitney, 1828-1896, Autobiography (c. 1839-1846), "Life Incidents," Woman's Exponent 9-10 (1880-1882) and "Scenes and Incidents in Nauvoo," Woman's Exponent 11 (1882-83)) off-site

Evidence supports that Mormon teens did not marry until they had reached maturity.

Scholars that study fertility often divide large samples into cohorts which are 5 years wide based on birth year or marriage age . In contrast to what some critics claim, the marriage cohort of 15-19 year olds has been shown at times to be more fertile than the 20-24 cohort. The authors of one study found that "Unlike most other reported natural-fertility populations, period fertility rates for married Mormon women aged 15-19 are higher between 1870 and 1894 than those for married women in their 20s. Women aged 15-19 in 1870-74 would have been born in the 1850s when 55.8 percent were married before their 20th birthday; thus, this cannot be treated as an insignificant group." And also "In addition, the median interval between marriage and birth of the first child is consistently about one year for all age-at-marriage groups."^[33] Another study disproved that younger marital age (15-19) resulted in a higher infant mortality rate due to the mother not being fully mature (termed the "biological-insufficiency hypothesis.").^[34]

Helen continued to live with her parents after the sealing, and then married someone else and had children with them after Joseph's death

Helen continued to live with her parents after the sealing. After Joseph's death, Helen was married and had children.

Unlike today, it was acceptable to be sealed to one person for eternity while being married for time to another person. It is not known if this was the case with Helen, however.

Four Key Questions

We must, then, address four questions:

1. What were the ages of Joseph's wives?
2. Did Joseph have sexual intercourse with these women? If not, then the issue of statutory rape is moot. If so, we have not proven statutory rape, but can move on to the next question.
3. What were the statutory rape laws of the time, and did Joseph violate them?
4. If Joseph was not guilty of statutory rape, did he nevertheless violate common norms of conscience or society?

1. The Age of Joseph's Wives

Even LDS authors are not immune from presentist fallacies: Todd Compton, convinced that plural marriage was a tragic mistake, "strongly disapprove[s] of polygamous marriages involving teenage women." ^[35] This would include, presumably, those marriages which Joseph insisted were commanded by God. Compton notes, with some disapproval, that a third of Joseph's wives were under twenty years of age. The modern reader may be shocked. We must beware, however, of presentism—is it that unusual that a third of Joseph's wives would have been teenagers?

When we study others in Joseph's environment, we find that it was not. A sample of 201 Nauvoo-era civil marriages found that 33.3% were under twenty, with one bride as young as twelve. ^[36] Another sample of 127 Kirtland marriages found that nearly half (49.6%) were under twenty. ^[37] And, a computer-aided study of LDS marriages found that from 1835–1845, 42.3% of women were married before age twenty. ^[38] The only surprising thing about Joseph's one third is that more of his marriage partners were not younger.

Furthermore, this pattern does not seem to be confined to the Mormons (see Chart 12 1). A 1% sample from the 1850 U.S. census found 989 men and 962 who had been married in the last year. Teens made up 36.0% of married women, and only 2.3% of men; the average age of marriage was 22.5 for women and 27.8 for men. ^[39] Even when the men in Joseph's age range (34–38 years) in the U.S. Census are extracted, Joseph still has a lower percentage of younger wives and more older wives than non-members half a decade later. ^[40]

Chart 12-1

I suspect that Compton goes out of his way to inflate the number of young wives, since he lumps everyone between "14 to 20 years old" together. ^[41] It is not clear why this age range should be chosen—women eighteen or older are adults even by modern standards.

A more useful breakdown by age is found in Table 12-1. Rather than lumping all wives younger than twenty-one together (a third of all the wives), our analysis shows that only a fifth of the wives would be under eighteen. These are the only women at risk of statutory rape issues even in the modern era.

2. Were there marital relations?

As shown elsewhere, the data for sexual relations in Joseph's plural marriages are quite scant (see Chapter 10—not online). For the purposes of evaluating "statutory rape" charges, only a few relationships are relevant.

The most prominent is, of course, Helen Mar Kimball, who was the prophet's youngest wife, married three months prior to her 15th birthday. ^[43] As we have seen, Todd Compton's treatment is somewhat confused, but he clarifies his stance and writes that "[a]ll the evidence points to this marriage as a primarily dynastic marriage." ^[44] Other historians have also concluded that Helen's marriage to Joseph was unconsummated. ^[45]

Nancy M. Winchester was married at age fourteen or fifteen, but we know nothing else of her relationship with Joseph. ^[46]

Flora Ann Woodruff was also sixteen at her marriage, and "[a]n important motivation" seems to have been "the creation of a bond between" Flora's family and Joseph. ^[47] We know nothing of the presence or absence of marital intimacy.

Fanny Alger would have been sixteen if Compton's date for the marriage is accepted. Given that I favor a later date for her marriage, this would make her eighteen. In either case, we have already seen how little reliable information is available for this marriage (see Chapter 4—not online), though on balance it was probably consummated.

Sarah Ann Whitney, Lucy Walker, and Sarah Lawrence were each seventeen at the time of their marriage. Here at last we have reliable evidence of intimacy, since Lucy Walker suggested that the Lawrence sisters had consummated their marriage with Joseph. Intimacy in Joseph's marriages may have been more rare than many have assumed—Walker's testimony suggested marital relations with the Partridge and Lawrence sisters, but said nothing about intimacy in her own marriage (see Chapter 10—not online).

Sarah Ann Whitney's marriage had heavy dynastic overtones, binding Joseph to faithful Bishop Orson F. Whitney. We know nothing of a sexual dimension, though Compton presumes that one is implied by references to the couple's "posterity" and "rights" of marriage in the sealing ceremony. ^[48] This is certainly plausible, though the doctrine of adoption and Joseph's possible desire to establish a pattern for all marriages/sealings might caution us against assuming too much.

Of Joseph's seven under-eighteen wives, then, only one (Lawrence) has even second-hand evidence of intimacy. Fanny Alger has third-hand hostile accounts of intimacy, and we know nothing about most of the others. Lucy Walker and Helen Mar Kimball seem unlikely candidates for consummation.

The evidence simply does not support Christopher Hitchens' wild claim, since there is scant evidence for sexuality in the majority of Joseph's marriages. Many presume that Joseph practiced polygamy to satisfy sexual longings, and with a leer suggest that of course Joseph would have consummated these relationships, since that was the whole point. Such reasoning is circular, and condemns Joseph's motives and actions before the evidence is heard.

Even were we to conclude that Joseph consummated each of his marriages—a claim nowhere sustained by the evidence—this would not prove that he acted improperly, or was guilty of "statutory rape." This requires an examination into the legal climate of his era.

3. Statutory Rape and the Law

The very concept of a fifteen- or seventeen-year-old suffering statutory rape in the 1840s is flagrant presentism. The age of consent under English common law was ten. American law did not raise the age of consent until the late nineteenth century, and in Joseph Smith's day only a few states had raised it to twelve. Delaware, meanwhile, lowered the age of consent to seven. ^[49]

In our time, legal minors can often be married before the age of consent with parental approval. Joseph certainly sought and received the approval of parents or male guardians for his marriages to Fanny Alger, Sarah Ann Whitney, Lucy Walker, and Helen Kimball. ^[50] His habit of approaching male relatives on this issue might suggest that permission was gained for other marriages about which we know less.

Clearly, then, Hitchens' attack is hopelessly presentist. None of Joseph's brides was near ten or twelve. And even if his wives' ages had presented legal risks, he often had parental sanction for the match.

4. Did Joseph violate societal norms?

There can be no doubt that the practice of polygamy was deeply offensive to monogamous, Victorian America. As everything from the Nauvoo Expositor to the latest anti-Mormon tract shows, the Saints were continually attacked for their plural marriages.

If we set aside the issue of plurality, however, the only issue which remains is whether it would have been considered bizarre, improper, or scandalous for a man in his mid-thirties to marry a woman in her mid- to late-teens. Clearly, Joseph's marriage to teen-age women was entirely normal for Mormons of his era. The sole remaining question is, were all these teen-age women marrying men their own age, or was marriage to older husbands also considered proper?

To my knowledge, the issue of age disparity was not a charge raised by critics in Joseph's day. It is difficult to prove a negative, but the absence of much comment on this point is probably best explained by the fact that plural marriage was scandalous, but marriages with teenage women were, if not the norm, at least not uncommon enough to occasion comment. For example, to disguise the practice of plural marriage, Joseph had eighteen-year-old Sarah Whitney pretend to marry Joseph Kingsbury, who was days away from thirty-one. ^[51] If this age gap would have occasioned comment, Joseph Smith would not have used Kingsbury as a decoy.

One hundred and eighty Nauvoo-era civil marriages have husbands and wives with known ages and marriage dates. ^[52] Chart 12 2 demonstrates that these marriages follow the general pattern of wives being younger than husbands.

When the age of husband is plotted against the age of each wife, it becomes clear that almost all brides younger than twenty married men between five and twenty years older (see Chart 12-3).

This same pattern appears in 879 marriages from the 1850 U.S. Census (see Chart 12 4). Non-Mormon age differences easily exceeded Joseph's except for age fourteen. We should not make too much of this, since the sample size is very small (one or two cases for Joseph; three for the census) and dynastic motives likely played a large role in Joseph's choice, as discussed above.

In short, Mormon civil marriage patterns likely mimicked those of their gentile neighbors. Neither Mormons or their critics would have found broad age differences to be an impediment to conjugal marriage. In fact, the age difference between wives and their husbands was greatest in the teen years, and decreased steadily until around Joseph's age, between 30–40 years, when the spread between spouses' ages was narrowest (note the bright pink bars in Chart 12-5).

As Thomas Hine, a non-LDS scholar of adolescence noted:

Until the twentieth century, adult expectations of young people were determined not by age but by size. If a fourteen-year-old looked big and strong enough to do a man's work on a farm or in a factory or mine, most people viewed him as a man. And if a sixteen-year-old was slower to develop and couldn't perform as a man, he wasn't one. For, young women, the issue was much the same. To be marriageable was the same as being read for motherhood, which was determined by physical development, not age....

The important thing, though, was that the maturity of each young person was judged individually. ^[53]

Why the modern world is different

Why did pre-modern peoples see nothing wrong with teen marriages? Part of the explanation likely lies in the fact that life-expectancy was greatly reduced compared to our time (see Table 12 2).

The modern era has also seen the "extension" of childhood, as many more years are spent in schooling and preparation for adult work. In the 1840s, these issues simply weren't in play for women—men needed to be able to provide for their future family, and often had the duties of apprenticeship which prevented early marriage. Virtually everything a woman needed to know about housekeeping and childrearing, however, was taught in the home. It is not surprising, then, that parents in the 1840s considered their teens capable of functioning as married adults, while parents in 2007 know that marriages for young teens will usually founder on issues of immaturity, under-employment, and lack of education.

See also: Joseph met a young Mary Elizabeth Rollins Lightner but they were sealed several years later.