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Reevaluating Reynolds: The Constitutional Case for Religiously Motivated Polygamy

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dc.contributor.advisor Waltman, Jerold
dc.contributor.author Baumgardner, Paul
dc.contributor.other Baylor University en_US
dc.date.copyright 2012
dc.identifier.uri http://hdl.handle.net/2104/8315
dc.description.abstract In 1878, the U.S. Supreme Court defined, and applied, the free exercise clause of the First Amendment for the first time. The case, Reynolds v. United States, concerned the constitutionality of the Morrill Act of 1862, which made it a federal crime to practice polygamy. This congressional act was neither the first nor the last federal action taken to suppress the growing Mormon faith. Although the Mormon Church believed that the free exercise clause protected such integral faith-based actions as polygamy, the Court deemed polygamy to be "morally odious" and outside the realm of constitutional protection. However, the evolution of marital standards, minority freedoms, and free exercise jurisprudence over the past 133 years of American history has supplied ample room for a contemporary reevaluation of Reynolds v. United States. In particular, the Supreme Court’s recent protections of same-sex lifestyles and heterodox religious conduct indicate that a religiously motivated polygamy case would receive a much more favorable treatment today. en_US
dc.rights Baylor University projects are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission. Contact libraryquestions@baylor.edu for inquiries about permission. en_US
dc.subject Reynolds v. United States. en_US
dc.subject Free exercise of religion. en_US
dc.subject Mormonism. en_US
dc.title Reevaluating Reynolds: The Constitutional Case for Religiously Motivated Polygamy en_US
dc.type Thesis en_US
dc.rights.accessrights No access - Contact librarywebmaster@baylor.edu en_US
dc.contributor.department Political Science en_US
dc.contributor.schools university scholar en_US


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