I was just reading though this thread with the intention to lurk, but I couldn’t pass this one by. So, is was legal for Joseph Smith to marry this 14-year-old when he was already married? I’m not an expert, but pretty darn sure bigamy was illegal even back then.
Some quick research reveals this:
“Sec 121. Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive. If any person or persons within this State, being married, or who shall hereafter marry, do at any time marry any person or persons, the former husband or wife being alive, the person so offending shall, on conviction thereof, be punished by a fine, not exceeding one thousand dollars, and imprisoned in the penitentiary, not exceeding two years. It shall not be necessary to prove either of the said marriages by the register or certificate thereof, or other record evidence; but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when such second marriage shall have taken place without this state, cohabitation in this state after such second marriage shall be deemed the commission of the crime of bigamy, and the trial in such case may take place in the county where such cohabitation shall have occurred.”
Revised Laws of Illinois, 1833, p.198-99
That’s from 1833 in a state where JS was practicing polygamy, no? What is polygamy if not multiple counts of bigamy? Sounds illegal to me. Surely Joseph knew this and it’s probably why he lied about it and publicly denied it for so long. The illegality and unwholesomeness of polygamy was a large part of why Mormons were chased from state to state… and why they were denied statehood in Utah. Contrary to popular Mormon opinion, the evidence indicates that Mormon did continue to practice this illegal behavior even after the 1890 decree. So much for obeying the laws of the land!
In addition to the illegality of polygamy, let’s not use the “God commanded polygamy in the Old Testament” defense I’ve heard often from Mormons. God did NOT command polygamy in the OT (cite it if you can prove me wrong). Just because something is described in the OT doesn’t mean it is prescribed by God. Perhaps tolerated for a time just as divorce was because of the hardness of their hearts, but toleration is hardly a command. This argument does not hold.
Also, let’s not ignore that the practice of polyandry (e.g., Joseph marrying women already married to living men) is absolutely not prescribed or even described in the OT (cite if you can prove me wrong). The OT argument especially doesn’t hold in this case.
When I was Mormon, I had no idea about the 14-year old, the polyandry, the illegality, etc. The Mormon relatives I have didn’t know about it either until I pointed it out to them. The polygamy is very sanitized and whitewashed in Mormon circles in my experience.