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The Legal Battle Over Church Property in U.S. Territories

How 19th-century federal laws targeting polygamy led to the seizure of religious assets in U.S. territories and a landmark Supreme Court case.

By Garret Merkley · Explainer · Jun 15, 2026
Branched from The Morrill Act of 1862: America's First Federal Law Against Polygamy
Quick take
  • The U.S. government sought to seize property from The Church of Jesus Christ of Latter-day Saints in the Utah Territory.
  • This effort was primarily driven by the Morrill Anti-Bigamy Act of 1862 and the Edmunds-Tucker Act of 1887, targeting polygamy.
  • The Supreme Court upheld the government's right to seize assets, arguing the church was defying federal law.
  • The conflict highlighted the unique legal vulnerability of religious institutions in U.S. territories, where Congress had direct legislative power.

The legal battle over church property in U.S. territories refers primarily to the U.S. federal government's efforts in the late 19th century to seize assets from The Church of Jesus Christ of Latter-day Saints (often called the Mormon Church) in the Utah Territory. This action was a direct consequence of federal anti-polygamy legislation, which aimed to disestablish and weaken the church by limiting its corporate power and financial resources.

How Federal Laws Targeted Church Property

The conflict began with the passage of the Morrill Anti-Bigamy Act of 1862. While primarily known for criminalizing polygamy, the act also included provisions directly impacting church property. It limited the amount of real estate any religious corporation in U.S. territories could own to $50,000 and mandated that any property acquired beyond this limit be forfeited to the U.S. government. Critically, it also dissolved the corporate entity of The Church of Jesus Christ of Latter-day Saints.

Despite the Morrill Act, enforcement was initially weak due to the Civil War and local resistance. However, as federal resolve against polygamy strengthened, particularly with the Edmunds-Tucker Act of 1887, enforcement became aggressive. The Edmunds-Tucker Act further intensified the government's efforts by dissolving the church's legal corporation, confiscating its property (with exceptions for actual places of worship and parsonages), and directing the proceeds to public schools in the territory. This effectively placed the church's vast holdings, including temples, offices, and tithing yards, under federal control.

The Supreme Court's Ruling: *Late Corporation v. United States*

The Church of Jesus Christ of Latter-day Saints challenged these confiscations, leading to the landmark Supreme Court case *Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States* (1890). The church argued that the seizure violated its First Amendment rights to religious freedom and due process. However, the Supreme Court sided with the federal government. The Court reasoned that while Congress could not prohibit religious belief, it could prohibit actions (like polygamy) that it deemed contrary to the peace and good order of society. Since the church, as a corporation, was deemed to be promoting and sustaining polygamy, the Court upheld Congress's power to revoke its charter and seize its property in a U.S. territory, where Congress had direct legislative authority.

This legal battle highlighted the unique vulnerability of religious organizations in U.S. territories. Unlike states, where religious corporations generally enjoyed protection under state law, territories were under direct federal control. This allowed Congress to legislate directly on matters that might otherwise be considered local or protected by state constitutions. The case profoundly impacted the church's organizational structure and finances, ultimately contributing to its decision to abandon the practice of polygamy in 1890 with the issuance of the Manifesto.

Was all church property seized by the government?
No, the Edmunds-Tucker Act specifically exempted actual places of worship (like meetinghouses) and parsonages from confiscation. However, significant assets, including tithing offices, the Perpetual Emigration Fund, and other church-owned businesses, were seized.
What happened to the seized church property?
Much of the seized property was placed under the administration of a federally appointed receiver. The proceeds from these assets were directed toward public schools in the Utah Territory, as stipulated by the Edmunds-Tucker Act. After the church issued its Manifesto in 1890, signaling an end to the practice of polygamy, efforts began to return the property, which was largely accomplished by 1896.
Did other religious groups face similar property seizures in U.S. territories?
While the Morrill and Edmunds-Tucker Acts were broadly worded to apply to any religious corporation exceeding the property limits, they were specifically aimed at The Church of Jesus Christ of Latter-day Saints due to its practice of polygamy. No other major religious group faced similar widespread property confiscation under these laws.
What was the main legal argument the government used to justify the seizures?
The government argued that while the First Amendment protected religious belief, it did not protect practices that were deemed harmful to public order or morality, such as polygamy. Since the church, as a corporation, was seen as promoting this illegal practice, Congress had the power to dissolve its corporate entity and seize its assets in a U.S. territory.
Explore further
The Morrill Anti-Bigamy Act of 1862: Its Provisions and ImpactThe Edmunds-Tucker Act of 1887: Strengthening Federal Anti-Polygamy LegislationReligious Freedom vs. Federal Law: The Supreme Court's Role in Landmark CasesThe History of Polygamy and Its Cessation in The Church of Jesus Christ of Latter-day SaintsHow U.S. Territories Differ from States in Federal Lawmaking and Governance

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