The Constitutional Rights Of The State Of Utah

1256 WordsMay 7, 20176 Pages
The Defendant, Hale Hallow, is petitioning the court to declare Utah’s state law criminalizing polygamy unconstitutional. Hale Hallow is a faithful member of The Church of Jesus Christ of Latter Day Saints (LDS, or Mormons) and has relations with multiple different women. He believes that he has a constitutional right to enter into a marriage with more than one of these women. However, Mr. Hallow is being denied such right due to Utah state law. After Utah’s state court of appeals ruled that the law will be upheld, Mr. Hallow appealed to the United States Supreme Court, arguing that his First and Fourteenth Amendments of the Constitution were being violated. The Constitutional issues at hand are whether or not polygamy is a constitutional…show more content…
United States (1878) where he says, “Polygamy has always been odious among the northern and western nations of Europe, and, until the establishment of the Mormon Church, was almost exclusively a feature of the life of Asiatic and of African people. At common law, the second marriage was always void,” The court then agreed that this act of multiple marriages would not line up with the traditions our country was founded on. In other words, the court does not believe polygamy should be allowed because the United States was founded on certain principles and morals that polygamy would challenge and even go against. Women Suffrage The next argument the Plaintiff makes is about how damaging polygamy would be on our society, especially for women. The prosecutors refer to Reynolds v. United States (1878) and mention how other countries that allow Polygamy have a high rate of discrimination toward women. Therefore, the Plaintiff is arguing that allowing Polygamy would negatively affect the individual rights of women in the United States. The Plaintiff quotes Justice Waite’s opinion, “and from the earliest history of England Polygamy has been treated as an offense against society.” The Defendant, should not be allowed multiple wives, because it will lead to a more patriarchal society. The women in this civil contract would be limited due to the men of this religion having more control of
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