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Does polygamy violate basic rights? |
It was believed that Joseph Smith promoted and practiced polygamy, but due to the lack of public records, the exact number of Smith's wives continues to be debated. Smith denied the allegations that he either promoted polygamy or had more than one wife up until his assassination in 1844 during his campaign for President of the United States.
The Mormons settled in Utah when it was only a territory and it was this group who actually applied to Congress for statehood. Congress would never allow a territory to become a state as long as polygamy was practiced.
Congress passed several laws making polygamy a crime, including the Edmund-Tucker Act of 1887. This Act prohibited the practice of polygamy and punished it with a fine of from $500 to $800 and imprisonment of up to five years. As a result of this new law, polygamists were hunted down and imprisoned, church properties were confiscated and even the right of Utah women to vote was revoked.
In many test cases, the U. S. Supreme Court declared these laws to be Constitutional. To avoid arrest, many polygamists took to the "underground" and formed their own groups in other areas of the country.