The journey from there to here

If we want to remedy the various violations of our Constitutional liberties, we must go back and revisit where many of those intrusions began. One of the most glaring examples came about when the government actively persecuted the LDS church in the 1800's.

First of all, let me note that I am NOT LDS, nor am I an apologist for their doctrine. In fact, I could hold my own in a debate about the doctrines and practices of the LDS church, but do not wish to do so. They have a right to hold views contrary to my own. but I AM a historian, and a civil libertarian, and I feel that the church was treated rather harshly by a government bent on its destruction. It is important to note that many critics of the LDS church allege that their temple practices were plagiarized from the practices of the Masonic lodge, an organization so controversial that it at one time had an entire political party dedicated to its destruction. Because the timeline of the founding of the LDS church coincided with the height of the anti-masonic party (which was prominent in the 1820's to the 1840's; the LDS church was officially established in 1830), it seems logical that the mood from the anti-Masonic party spilled over to the newly established church because of the rumors involved (I will not engage in debate about whether these rumors are true or not, it seems a useless red herring in this instance).

In 1844, Joseph Smith was shot by a mob as he awaited trial in a Carthage, Illinois jail. LDS history refers to this as a martyrdom, and, for the sake of argument, we will accept it as such (Smith was jailed for various crimes for which their appeared to be just caused, but due to the fact he had not been convicted by a jury of his peers, he died an innocent man, legally speaking). The Mormons attempted to migrate outside of what was then the United States, and to establish their own government, but remained respectful enough of the federal authority to allow their young men to be mustered into service in Iowa before they began the trek westward. It was after they arrived in Utah, which was not then part of the United States, that the government persecution intensified. Under the doctrine of "manifest destiny", the government felt a compelling need to annex the state of Utah, and the actions of some groups of LDS settlers in incidents such as the Mountain Meadows Massacre gave them just cause, in their mind, to threaten the use of military force and the seizure of the properties of the church and its members if the church did not comply with the federal designs on the area controlled by LDS settlers (which extended beyond the borders of present day Utah into southern Idaho, northern Arizona and New Mexico, eastern Nevada, western Colorado and southwestern Wyoming, areas where there remains a considerable LDS presence). It was under this threat that the church was infamously forced to abandon its practice of polygamy, a practice deemed abhorrent by Catholic and most Protestant sects at the time. In Reynolds vs. U.S. (1878), the Supreme Court held that it was justified in prohibiting polygamy on the same grounds as it would be justified in prohibiting human sacrifice without violating the first amendment, a spurious argument at best, since the first example involves consensual partners whose lives are not first, while in the second instance, even a consensual victim could well be held to have consented under duress, and the forfeiture of his life would make his decision irreversible.

The aforementioned Supreme Court case is a prime historical example of an incident where the government aggressively and systematically persecuted a religion specifically based upon its beliefs, and directly contrary to the protections afforded to individuals under the First Amendment. While the practice of polygamy remains abhorrent to many Catholic and Protestant faiths (and, indeed, to many Mormons; contrary to commonly held urban legend, the practice and even vocal support of, polygamy within the SLC church is grounds for excommunication; as for "splinter" groups, it is important to note that, while they have equal claim to the name of the LDS church, they are NOT what most of us recognize as "the LDS church; eg, the cleancut young men in white dress shirts and black business suits). I have often stated that if we're going to protect the right to free exercise of religion, we must protect the rights of ALL faiths, even if we disagree with their doctrine. The LDS church is no exception.

The 1878 SCOTUS decision was an unjustified violation of the religious rights of the LDS church, and, more importantly, it provided a "slippery slope" to more government intervention into the rights of other faiths. A Baptist should be as outraged as a Mormon over the decision and its repurcussions.

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Comments
on Feb 15, 2006
I think we should protect the rights of all religions as long as they're mine...hahahahah

Sorry.

Really, I think we should protect all religions that are NON VIOLENT. I don't think protecting people who use their religion as an umbrella for murder is a good thing tho.

JMHO.
on Feb 15, 2006
I think that allowing for multiple wives is a bad idea for public policy. If you have 2 wives, and you die, who gets the property? The first wife, or the second wife? What if I married them on the same day? Are the wives considered to be married to each other?
on Feb 15, 2006
What if I married them on the same day? Are the wives considered to be married to each other?


Ironically enough, the Old Testament gives a pretty firm set of rules for what is/is not acceptable in polygamous marriage. While many evangelicals have held these to be arguments AGAINST polygamy, I find that absurd; in my opinion it would be like using a driver's manual that states the rules for driving as evidence that DRIVING is illegal.

I don't specifically favor or disfavor polygamy as a personal practice. But it DOES have sound biblical basis, is NEVER explicitly condemned in the old OR new testaments of the bible, and has a long history.

As far as personal property, I believe the commonly held assumption would be that it would be divided equally. As for the "same day" question, my personal belief would be that that WOULD fall under the biblical prohibition of "MULTIPLYING wives" (the difference is that, in traditional relationships, a separate covenant is established; in a relationship where wives are multiplied, more than one wife is added at a time).

It's complicated, I grant you. But just because it's complicated doesn't mean the government should have license to prohibit its practice.
on Feb 15, 2006
INteresting article, altho I knew most.  OUt of curiousity, what was Joseph Smith Charged with?
on Feb 15, 2006
Yeah, that was a bad time for Constitutional Rights. Even worse than the polygamy thing in Utah was the Mormon Extermination Act in Missouri.

That little bit of Unconstitutional Law not only made it legal to kill Mormons, but considered it a patriotic act. Imagine what would happen nowadays if a state tried to pass a law legalizing the killing at will of any group of people. Even the killings at Waco and Ruby Ridge were done while trying to arrest someone (or should I say Overdone)... and they were bad enough.

Unfortunately, nowadays there are a lot of Mormons who forget our history and don't seem to mind casting a little persecution upon people not of our faith. Not nearly to that extent of course, but also in direct conflict with the teachings of our faith.
on Feb 15, 2006
I understand where you are coming from, Gid, but I lean the other way. The LDS church of that time had it in their minds that they were their own nation, accountable to no one. Worse, as you cite, they slaughtered innocent people they felt might move in and threaten their homogeneous nature.

I've read articles about Utah, and people even today say that business and politics often tend to be skewed toward Mormons even now. While I doubt it is that bad now, even after it was a state, it had its problems with "the machine" that sprang up in other states in the form of people like Tammany Hall and Huey Long.

The primary difference is that in addition to the cronyism, it was grounded in religion. I don't believe that religion should be purged from government like a lot of people do, but it was especially problematic there, and warranted the attention of the Federal Government, I think.

I hold no grudges, though, and respect them for the peaceful, good citizens they turn out. I often fall back on the South Park mormon episode:

"Kyle: Oh, hey Stan. Where's your best buddy, Gary?

Stan: I'm not hanging around that kid anymore.

Cartman: [needling] Oh no! You guys broke up?

Stan: You guys were right, okay? The new kid's a douche. Now I just gotta find a way to keep him away from me.

Gary: [shows up] Hey Stan.

Stan: Oh brother.

Cartman: Uh oh, the jilted lover returns.

Gary: Listen, I just wanted to let you know you don't have to worry about me tryin' to be your friend anymore.

Stan: I don't?

Gary: Look, maybe us Mormons do believe in crazy stories that make absolutely no sense, and maybe Joseph Smith did make it all up, but I have a great life. and a great family, and I have the Book of Mormon to thank for that. The truth is, I don't care if Joseph Smith made it all up, because what the church teaches now is loving your family, being nice and helping people. And even though people in this town might think that's stupid, I still choose to believe in it. All I ever did was try to be your friend, Stan, but you're so high and mighty you couldn't look past my religion and just be my friend back. You've got a lot of growing up to do, buddy. S**k m* b**ls. [turns around and walks off. All four boys just look at him in wonder, even Cartman.]

Cartman: Damn, that kid is cool, huh? "


I have to agree with Cartman. American religion is a horror show of abuse and victimization. The only people to cast stones at are the ones that continue the tradition.
on Feb 16, 2006
I liked your article, Gideon, and I agree with you, being also familiar with the history of the church (being a member and formally being one of those guys in white shirts and suits, although i never wore a black one, they show stains too easily . . .)

We should not prohibit practice of religious beliefs that don't have adverse affects in the lives of non-participants.
on Feb 16, 2006
I hold no grudges, though, and respect them for the peaceful, good citizens they turn out. I often fall back on the South Park mormon episode:


I loved that episode!!! But then again, I guess all Good Mormons should have rioted over it. ;~D
on Feb 17, 2006

I loved that episode!!! But then again, I guess all Good Mormons should have rioted over it. ;~D

!

I must point out that I loved the SP homeschool episode as well, even though its point was diametrically opposed to mine. It was funny, man!

on Feb 17, 2006
"I must point out that I loved the SP homeschool episode as well, even though its point was diametrically opposed to mine. It was funny, man!"


I dunno, South Park has a way of dragging you to a point of view and the jerking you around and making you see it differently. I think that's what they were doing with the Mormon one, too. They built you up with all the "dum dum dum" stuff, and just about the time you discounted the religion they smack you with the reality at the end.