The Mormons claimed .that law was unconstitutional. because it was an infraction of their right of religious worship. The Supreme Court. in the Reynolds case. in 1878. declared that law valid in all respects. and Chief Justice Waite in a luminous opinion voiced the sense of modern civilization in his characterization of polygamy. I quote as follows: 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. By the statute of James I the offense was made punishable by death. It is a significant fact that on the 8th of December. 1788. after the passage of the act establishing religious freedom. and after the convention of Virginia had recommended as an amendment to the Constitution of the United States the declaration of the bill of rights that " all men have an equal. natural. and unalienable right to the free exercise of religion. according to the dictates of conscience." the legislature of that State substantially enacted the statute of James 1. death penalty included. because. as recited in the preamble. "it bath been doubted whether bigamy and polygamy be punishable by the laws of this Commonwealth." From that day to this we think it may safely be said there never has been a time in any State of the Union. where polygamy has not been an offense against society. cognizable by the civil courts and punishable with more or less severity.
Identified stereotypes
Mormons are associated with polygamy, which is considered odious and uncivilized.