Utah History Encyclopedia

The Mormons continued to practice polygamy despite these laws, since they believed that the practice were protected by the freedom of religion clause in the Bill of Rights. To test the constitutionality of the laws, George Reynolds, Brigham Young's private secretary, agreed to be tried. In 1879 the case reached the Supreme Court, which upheld the Morrill Act: "Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinion, they may with practices."

In 1882 Congress passed the Edmunds Act, which was actually a series of amendments to the Morrill Act. It restated that polygamy was a felony punishable by five years of imprisonment and a $500 fine. Unlawful cohabitation, which was easier to establish because the prosecution had to prove only that the couple had lived together rather than that a marriage ceremony had taken place, remained a misdemeanor punishable by six months imprisonment and a $300 fine. Convicted polygamists were disenfranchised and were ineligible to hold political office. Those who practiced polygamy were disqualified from jury service, and those who professed a belief in it could not serve in a polygamy case. All registration and election officers in Utah Territory were dismissed, and a board of five commissioners was appointed to direct elections.