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Edmunds Act

Edmunds Act
Great Seal of the United States
Other short titles Anti-Plural Marriage Act of 1882
Long title An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes.
Nicknames Anti-Polygamy Act of 1882
Enacted by the 47th United States Congress
Effective March 22, 1882
Citations
Public law 47-47
Statutes at Large 22 Stat. 30b
Legislative history

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 by president Chester A. Arthur, declaring polygamy a felony. The act is named for U.S. Senator George F. Edmunds of Vermont. The Edmunds Act also prohibited "bigamous" or "unlawful cohabitation" (a misdemeanor), thus removing the need to prove that actual marriages had occurred. The act not only reinforced the 1862 Morrill Anti-Bigamy Act but it also made the offense of unlawful cohabitation much easier to prove than polygamy misdemeanor and made it illegal for polygamists or cohabitants to vote, hold public office, or serve on juries.

A claim was made that the law violated the constitutional prohibition on ex post facto laws; that is, polygamists were charged for polygamist marriages solemnized before passage of the statute. A challenge to the statute was framed on these and other grounds. The Supreme Court ruled, in Murphy v. Ramsey, 114 U.S. 15 (1885), that the statute was not ex post facto because convicts were charged for their continued cohabitation, not for the prior illegal marriage. Some modern scholars suggest the law may be unconstitutional for being in violation of the Free Exercise Clause.

The Edmunds Act restrictions were enforced regardless of whether an individual was actually practicing polygamy, or merely stated a belief in the Mormon doctrine of plural marriage without actually participating. It also provided for a five-man Utah Commission appointed by the president to supervise all aspects of the electoral process in Utah Territory. All elected offices throughout the territory were vacated, the election board issued certificates to those who both denied a belief in polygamy and did not practice it, and new elections were held.


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