FAIR is a non-profit organization dedicated to providing well-documented answers to criticisms of the doctrine, practice, and history of The Church of Jesus Christ of Latter-day Saints.
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Latest revision as of 22:38, 5 May 2024
FAIR Answers—back to home page
Latter-day Saints and divorce in the nineteenth century
Jump to Subtopic:
Divorce among Mormons in the 19th century
Summary: Some critics like to emphasize that some LDS members did not receive civil divorces before remarrying—either monogamously or polygamously. They either state or imply that this shows the Saints' cavalier attitude toward the law.
Jump to details:
- Gospel Topics: "Divorce was therefore available to women who were unhappy in their marriages"
- Question: How were divorces formalized among Mormons on the frontier in the 19th century?
- Question: Was it normal not to obtain a formal civil divorce in 19th century America?
FAIR Answers—back to home page
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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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 Subtopic:
- 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?
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
Question: Did Joseph Smith violate marriage laws in Ohio by performing marriages?
Jump to details:
- Question: Did Joseph Smith violate marriage laws in Ohio by performing marriages?
- Joseph did not knowingly violate marriage laws in Ohio, and seems to have used his prophetic gifts to spare victims of the nineteenth-century's legal and bureaucratic immaturity unnecessary suffering
- The Knight-Bailey wedding was not illegal, since Newel Knight obtained a marriage license from the secular authorities
- A review of Ohio state law demonstrates that Joseph's decision to perform marriages was correct
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?
Jump to details:
- 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?
- Lydia and Newel were aware of the prohibition on bigamy, and Lydia refused to marry Newel until they approached Joseph for his counsel
- Ohio law had, until just prior to their wedding, allowed spouses to remarry without formal divorce if they had been abandoned for three years
- The Knights' predicament highlights an aspect of early nineteenth-century marriage which modern readers often ignore
- Despite potentially violating some legal niceties, however, Lydia almost certainly did not engage in bigamy since her previous husband had died
Question: Was the practice of polygamy against the law in Illinois in the 1840s?
Summary: Under Illinois law, Joseph Smith and the Saints were not guilty of a crime due to their private practice of plural marriage. In fact, the Illinois legislature would later alter their laws precisely because they feared that their current law would allow Mormon polygamy.
Jump to details:
- M. Scott Bradshaw: "Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844"
- Question: Was Joseph Smith ever charged with adultery under Illinois law?
- Question: Were there any similar cases under Illinois adultery statute which demonstrate that Joseph was not breaking the law?
- Question: Why did Joseph Smith say "I had not been married scarcely five minutes...before it was reported that I had seven wives"?
- Question: Was there ever a consummation of the sealing between Maria Lawrence and Joseph Smith?
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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Notes
Notes