Davis v. Beason
Encyclopedia
Davis v. Beason, 133 U.S. 333 (1890), was a United States Supreme Court
case affirming, by a 9-0 vote, that courts of the United States had jurisdiction to hear charges related to polygamy
that is part of a religious belief, despite the free exercise clause of the First Amendment to the United States Constitution
.
in 1882, which made polygamy a felony; over 1,300 Mormon
s were imprisoned. The Act also required test oaths requiring voters to swear they were not bigamists or polygamists. A statute of the Idaho Territory
required a similar oath, in order to limit or eliminate Mormons' participation in government and their control of local schools.
Mormons initiated a challenge to Idaho's oath test. Davis, a resident of Idaho
, was convicted in the territorial district court of swearing falsely after taking the voter's oath. Davis appealed his conviction via a habeas corpus
writ, claiming that the Idaho law requiring the oath violated his right to the free exercise of his religion as a member of the LDS Church.
, writing for the Court, condemned polygamy, writing that "Few crimes are more pernicious to the best interests of society, and receive more general or more deserved punishment." He went on to echo Reynolds v. United States
(1878): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation." He wrote by way of comparison that if a religious sect advocated fornication
or human sacrifice
, "swift punishment would follow the carrying into effect of its doctrines, and no heed would be given to the pretense that, as religious beliefs, their supporters could be protected in their exercise by the constitution of the United States."
Field listed the limits that federal law placed upon the rights of United States territories to qualify voters, noted Idaho's specific prohibition of polygamists and people encouraging polygamy from the right to vote, and wrote that this was "not open to any constitutional or legal objection," as the Idaho law "simply excludes from the privilege of voting ... those who have been convicted of certain offenses".
106 years later, in Romer v. Evans
(1996), the Supreme Court ruled unconstitutional a Colorado initiative that prevented any jurisdiction from protecting homosexual citizens from discrimination. In the dissent, Justice Scalia
asked how Romer could be reconciled with Davis v. Beason:
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case affirming, by a 9-0 vote, that courts of the United States had jurisdiction to hear charges related to polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
that is part of a religious belief, despite the free exercise clause of the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Background
Congress had passed the Edmunds ActEdmunds Act
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882, declaring polygamy a felony. The act is named for U.S. Senator George F. Edmunds of Vermont...
in 1882, which made polygamy a felony; over 1,300 Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
s were imprisoned. The Act also required test oaths requiring voters to swear they were not bigamists or polygamists. A statute of the Idaho Territory
Idaho Territory
The Territory of Idaho was an organized incorporated territory of the United States that existed from March 4, 1863, until July 3, 1890, when the final extent of the territory was admitted to the Union as the State of Idaho.-1860s:...
required a similar oath, in order to limit or eliminate Mormons' participation in government and their control of local schools.
Mormons initiated a challenge to Idaho's oath test. Davis, a resident of Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, was convicted in the territorial district court of swearing falsely after taking the voter's oath. Davis appealed his conviction via a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
writ, claiming that the Idaho law requiring the oath violated his right to the free exercise of his religion as a member of the LDS Church.
Supreme Court ruling
Justice FieldStephen Johnson Field
Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court of the United States Supreme Court from May 20, 1863, to December 1, 1897...
, writing for the Court, condemned polygamy, writing that "Few crimes are more pernicious to the best interests of society, and receive more general or more deserved punishment." He went on to echo Reynolds v. United States
Reynolds v. United States
Reynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
(1878): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation." He wrote by way of comparison that if a religious sect advocated fornication
Fornication
Fornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
or human sacrifice
Human sacrifice
Human sacrifice is the act of killing one or more human beings as part of a religious ritual . Its typology closely parallels the various practices of ritual slaughter of animals and of religious sacrifice in general. Human sacrifice has been practised in various cultures throughout history...
, "swift punishment would follow the carrying into effect of its doctrines, and no heed would be given to the pretense that, as religious beliefs, their supporters could be protected in their exercise by the constitution of the United States."
Field listed the limits that federal law placed upon the rights of United States territories to qualify voters, noted Idaho's specific prohibition of polygamists and people encouraging polygamy from the right to vote, and wrote that this was "not open to any constitutional or legal objection," as the Idaho law "simply excludes from the privilege of voting ... those who have been convicted of certain offenses".
Subsequent events
Richard Morgan wrote, "The decision became one of the principal underpinnings of what later came to be called the 'secular regulation' approach to the free exercise clause whereby no religious exemptions are required from otherwise valid secular regulations.106 years later, in Romer v. Evans
Romer v. Evans
Romer v. Evans, 517 U.S. 620 , is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v...
(1996), the Supreme Court ruled unconstitutional a Colorado initiative that prevented any jurisdiction from protecting homosexual citizens from discrimination. In the dissent, Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
asked how Romer could be reconciled with Davis v. Beason: