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Passage of the Edmunds–Tucker Act

Under the Banner of Heaven

The Passage of the Edmunds–Tucker Act in 1887 was a decisive escalation in the United States government’s campaign against plural marriage. It did not by itself end the practice: rather, it tightened the pressure on the Church of Jesus Christ of Latter-day Saints after earlier federal efforts had failed, and helped drive a public renunciation whose private and religious consequences continued long afterward.

Background: A contest over law and authority

The federal confrontation grew out of a broader dispute over whether religious authority or civil government would prevail when their demands conflicted. In Utah, Brigham Young and Church leaders treated plural marriage as a sacred obligation, while the federal government regarded it as unlawful. The earlier Utah War had neither removed Brigham Young from power nor ended the doctrine, and succeeding presidents faced the persistence of the practice.

The dispute was also institutional. Because Utah remained a territory, federal courts were supposed to hold legal authority. The Utah Territorial Legislature, dominated by Mormons, expanded the powers of local probate courts controlled by Brigham Young. Many probate judges were Mormon bishops, and juries were composed largely of Church members who followed instructions from Church leaders. This system placed local religious influence inside the machinery of civil justice, and federal officials saw it as an appropriation of federal jurisdiction. The Edmunds–Tucker Act arrived after this prolonged struggle over not only marriage, but also who could make and enforce the law.

Passage and immediate pressure

The Act formed the culmination of an escalating series of judicial and legislative challenges to plural marriage. Its provisions disincorporated the Church of Jesus Christ of Latter-day Saints and made Church property valued at more than $50,000 liable to forfeiture to the federal government. The pressure was therefore directed at the Church as an institution as well as at the practice it defended.

The Act’s significance lay partly in the contrast with the failed military intervention that preceded it. The Utah War had not ended plural marriage; the later legal campaign instead exerted sustained pressure through legislation and the threat to the Church’s corporate standing and property. The book presents the resulting pressure as leaving Church leaders with no practical choice but to renounce the practice publicly.

Public renunciation and private continuation

In 1890, Church leaders publicly claimed to have relinquished plural marriage. The declaration did not immediately bring the practice to an end. Mormon groups were quietly sent to establish plural-marriage colonies in Mexico and Canada, while some of the Church’s highest-ranking authorities continued to take multiple wives and perform plural marriages well into the twentieth century. The public policy and the private continuation thus diverged: the Act helped force a formal institutional retreat, but not an immediate or complete disappearance of the practice.

Over time, Church leaders adopted a more pragmatic approach to American politics, rejected plural marriage, and began urging government agencies to prosecute polygamists. The shift helped the Church move into the American religious mainstream. What had been defended as a central covenant became a practice from which the institution officially distanced itself, and the consequences extended beyond compliance with federal law to the Church’s public identity.

Long aftermath and competing claims of legitimacy

Mormon Fundamentalists interpret the renunciation as a grave compromise: in their view, Church leaders surrendered a crucial theological principle for political acceptance. They claim to preserve the faith’s original commitment to plural marriage and present themselves as its true custodians. The conflict therefore persisted as a dispute over religious legitimacy even after official Church policy changed.

The episode also reveals the limits of a simple account in which state law cleanly replaces religious rule. Federal pressure altered the Church’s public policy and its relationship to government, while secret continuation and the later fundamentalist rejection of the compromise kept the underlying religious dispute alive. The Act was both a legal blow and a turning point in the Church’s transformation, but its passage did not settle who had the authority to define faithful Mormon practice.

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