In response to Nelson Lund's posting (below):

Nelson, you asked the following question:  "My question was and is:
exactly what did the change consist of, and was it more than an
accommodation, possibly temporary, to American law?"

This was in response to my earlier posting that the Church changed its
doctrine after a revelation from God to the President of the Church.
Now, my response, which you say has nothing to do with the "factual
question" you asked, in fact has everything to do with the factual
question.

IF you believe in that God spoke to the head of the Church, then there
can be no other answer.  It is not a response to political pressure; it
can only be that God spoke, and the Church responded. That is a fully
sufficient explanation to your question.

If you do not believe that God speaks directly to people, then we can
perhaps agree that it is political question, and we can see the
abandonment of polygamy as a necessary precondition to the Church
getting its property back and to Utah statehood.

My other point was simply this:  If one believes in such things as the
virgin birth, or the resurrection, or the burning bush talking, then
presumably one can accept that God spoke to the head of the Church.  If
so, then I would think there can be no further investigation of
motivation or historical causation.  God caused the change and that is
that.

I do not consider myself competent to interpret the causation value of
God talking to the head of the church (or the virgin birth, or the
resurrection, or the burning bush talking) and therefore, as a historian
and a law professor, I must look to other interpretations of why the
Church changed its mind. However, I know there are people on this list
who do believe in God talking to the head of the church (or the virgin
birth, or the resurrection, or the burning bush talking) and for them, I
should think that Mormon Church doctrine is a fully sufficient
explanation for the change in the church's views on polygamy.

I hope it is now clear why I said what I said in the earlier post.  I am
sorry for any  misunderstanding to for my failure to sufficiently
explain my analysis.

-
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)



Nelson Lund wrote:

I don't have the slightest idea what the post below has to do with the
perfectly simple factual question that I asked. I had imagined that when
the church changed its position on polygamy, it would have issued some
kind of written document explaining the change to its members. Because
there are so many historians on the list, I was hoping that one of them
might know what the exact contents of that document were.

Rather than risk any further misinterpretations of my simple factual
question, I hereby withdraw it.

Nelson Lund





Paul Finkelman wrote:

Well, your question presumes that you do not believe that the
president of the Church of LDS received a revelation from God telling
him to change church law.
I am not competent to comment on whether that was true or not, any
more than I can comment on whether Jesus rose from the dead, was born
of "virgin birth."

But, if you accept either of the latter, or at least accept the
possibility of either of the later, than you, as a matter of comity,
ought to accept the former.  So, in that sense, your question is
answered by God.

On the other had, if you do not accept the possibility of virgin birth
and rising from the dead, then you might not accept the idea that God
told the president of the LDS to change the rules of polygamy, and
then we are back to the political question.  The U.S. Government had
been conducting a "war" of sorts against the Mormons, with the Supreme
Court often leading the way.  Congress had authorized, and the Court
upheld (see Late Corporation of the Church of LDS) the confiscation of
almost all Church property; thousands of Mormons were in jails and
persecution was rampant.  Under those circumstance, the Church changed
its doctrine.  See generally Edwin Frimage and Richard Collin Mangrum,
Zion in the Courts.

It is important to note that polygamy was a requirement for Mormon men
who could afford to support more than one wife, if there wre single
women in the community.  Thus the war on the Mormons was persecution
for religous doctinre and belief.   Davis v. Beason (1890) upheld a
proseution for belief, not action.  It shows how far the U.S. govt.
and the Court can go in persecuting religious minorities.

Paul Finkelman



Nelson Lund wrote:



Of course the church changed its position. My question was and is:
exactly what did the change consist of, and was it more than an
accommodation, possibly temporary, to American law?



Paul Finkelman wrote:




The Church of LDS in fact officially changed its position,
claiming revelation from God.  The literature on this is pretty
strong.  You could start with RELIGION AND AMERICAN LAW:  AN
ENCYCLOPEDIA (Garland, not Routledge, 2000) (Paul Finkelman, ed.)
which has a number of entries on the Mormon church and lots of
bibliographic leads to other more complete sources.

Paul Finkelman
Univ. of Tulsa College of Law


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