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Plural marriage and the law
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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.
Plural marriage and the law
Summary: Critics charge that Joseph Smith performed monogamous marriages for time of already-married members, violating Ohio law in Kirtland. Such claims are false and represent a misunderstanding about the marriage and divorce law of the day. Accusations about illegal marriage activity in Illinois have likewise been full of misunderstanding.
Jump to details:
- Question: Was polygamy illegal?
- Question: Did Joseph Smith violate marriage laws in Ohio by performing marriages?
- Question: When Joseph Smith performed the marriage of Newel Knight and Lydia Bailey, were they guilty of bigamy since Lydia had not been formally divorced from her previous husband?
- Was the practice of polygamy against the law in Illinois in the 1840s?
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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.” 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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