The Morrill Anti-Bigamy Act of 1862: How Congress First Asserted Federal Authority Over Marriage

The Morrill Act was the first federal law targeting polygamy, marking a significant moment in the struggle between religious freedom and federal power in U.S. territories.

By Garret Merkley · Explainer · Jun 2, 2026

Branched from Later Federal-State Clashes Over Polygamy

Quick take

The Morrill Act of 1862 was the first federal law specifically outlawing bigamy and polygamy in U.S. territories.
It directly targeted the practice of plural marriage by members of The Church of Jesus Christ of Latter-day Saints in Utah Territory.
The Act also disincorporated the LDS Church and limited its property holdings in federal territories.
It set a precedent for federal intervention in marriage laws in territories, leading to decades of legal and political conflict.

The Morrill Anti-Bigamy Act of 1862 was a landmark federal law passed by the U.S. Congress that explicitly prohibited bigamy and polygamy in all federal territories. While seemingly broad, its primary target was the practice of plural marriage by members of The Church of Jesus Christ of Latter-day Saints (LDS Church) in the Utah Territory, reflecting a growing national sentiment against the practice.

Outlawing Bigamy and Polygamy in Territories

The core of the Morrill Act made the act of having more than one spouse a federal crime in any U.S. territory. Specifically, it declared bigamy, defined as marrying another person while still legally married to someone else, punishable by a fine of up to $500 and imprisonment for up to five years. This provision directly challenged the religious practice of plural marriage, which was openly practiced by the LDS Church at the time, particularly in Utah.

Disincorporation and Property Limits

Beyond criminalizing plural marriage, the Morrill Act also aimed to weaken the institutional power of the LDS Church. It revoked the legal incorporation of the Church of Jesus Christ of Latter-day Saints and the Perpetual Emigrating Fund Company, an organization that assisted converts in immigrating to Utah. Furthermore, the Act limited the amount of real estate any religious corporation in a territory could own to $50,000. Any property held beyond this limit was subject to forfeiture to the federal government. These measures were designed to curb the Church's economic and political influence in the Utah Territory.

The Morrill Anti-Bigamy Act stands as a crucial historical moment because it was the first time the U.S. Congress asserted federal authority over marriage laws, specifically in its territories. Prior to this, marriage was almost exclusively a matter of state and local jurisdiction. The Act sparked a protracted legal and political battle between the federal government and the LDS Church, which believed the law infringed upon their religious freedom. While initially difficult to enforce due to local resistance, it laid the groundwork for subsequent, more stringent anti-polygamy legislation, such as the Edmunds Act of 1882, and ultimately led to the landmark Supreme Court case *Reynolds v. United States* (1878), which upheld the federal government's right to outlaw polygamy, distinguishing between religious belief (protected) and religious practice (subject to regulation). Its passage marked the beginning of decades of federal pressure that contributed to the LDS Church's eventual abandonment of plural marriage in 1890.

Did the Morrill Act immediately end polygamy?

No, the Morrill Act was largely unenforced for years after its passage. The Civil War occupied federal attention, and local resistance in Utah made enforcement difficult. It took subsequent, more aggressive legislation and judicial rulings to effectively challenge the practice.

Why was the Act specifically aimed at U.S. territories?

The U.S. Congress has direct legislative authority over federal territories, unlike states where marriage laws are typically reserved for state governments. This allowed Congress to pass the Morrill Act without directly infringing on states' rights, focusing on areas like the Utah Territory.

What was the outcome of *Reynolds v. United States*?

In *Reynolds v. United States* (1878), the Supreme Court upheld the constitutionality of the Morrill Act. The Court famously ruled that while religious beliefs are absolutely protected by the First Amendment, religious practices are not, especially if they are deemed detrimental to public order or welfare. This decision affirmed the federal government's power to outlaw polygamy.

Was Abraham Lincoln involved in enforcing the Act?

President Abraham Lincoln signed the Morrill Act into law during the Civil War. However, he generally pursued a policy of non-interference with the practice of polygamy in Utah, famously telling a delegate from Utah, "When I was a boy, I was told that if I was to kill a snake, I should kill it with its head. But I am not going to meddle with this thing." His focus was on preserving the Union, and he largely left the enforcement of the act to future administrations.

Sources

U.S. Congress, Morrill Anti-Bigamy Act of 1862
Reynolds v. United States, 98 U.S. 145 (1878)
Arrington, Leonard J. and Bitton, Davis. The Mormon Experience: A History of the Latter-day Saints. University of Illinois Press, 1992.