Posted by:
merryprankster
(
)
Date: August 03, 2015 03:21PM
Ironically, one the first no fault divorce statutes in the United States was enacted by the Utah Territorial Legislature in the 1850s with the apparent blessing of Brigham Young.
See
http://exmormon.org/phorum/read.php?2,1079847Also ironically, Hafen's comments directly contradict Brigham Young's practices and opinion. According the exmormon website "Brigham Young reportedly granted over 1, 600 divorces during his presidency of the Church between 1847 and 1876. Although Young theoretically opposed divorce because it contradicted the Mormon belief in eternal marriage, he was willing to terminate contentious and other unworkable marriages"
Here is more detailed info from this website:
“Western divorce mills in the 19th-century seemed to be the height of laxity and permissiveness: the ultimate inducement to divorce-seekers to flee strict laws in their home stats and seek a divorce in more lenient jurisdictions. Consequently, divorce mills elicited impassioned criticism and indignant responses.
“During mid-century, Utah was branded a divorce mill as a result of Mormon policies concerning marriage and divorce. The Church of Jesus Christ of Latter-day Saints was founded by Joseph Smith in Fayette, New York, in 1830, . . . it was at Nauvoo, Illinois, on July 12, 1843, that [founder Joseph] Smith received a revelation saying that Mormons must practice polygamy—meaning that one husband wed several wives. This innovation drew enormous enmity from outsiders; in 1844, an anti-Mormon mob lynched Joseph Smith.
“After this calamity, thousands of Mormons trekked to a desert in Utah that lay outside the boundaries of the United States. They hoped to live . . . free from . . . regulation by laws stipulating that marriages be monogamous. . . . In 1850, the United States Congress recognized Deseret as the Territory of Utah, which brought Mormons back within the jurisdiction of the United States. . . . Although the U.S. Congress enacted anti-polygamy statues in 1862, 1882 and 1884, Church officials refused until 1890 to abandon the practice.
“During these years, many Americans harshly criticized Mormon practices, for they saw polygamy as a threat to long-held and widely-cherished conceptions of marriage...
“In addition to polygamy, the divorce practices of the Latter-day Saints shocked Gentiles, as Mormons called non-Mormons. Beginning in 1847, Mormon Church leaders regularly granted divorces. Because they lacked the legal power to terminate marriages, they claimed they limited themselves to divorcing polygamous couples whose marriages fell within the jurisdiction of the Church. Brigham Young reportedly granted over 1, 600 divorces during his presidency of the Church between 1847 and 1876. Although Young theoretically opposed divorce because it contradicted the Mormon belief in eternal marriage, he was willing to terminate contentious and other unworkable marriages. On one day, he relieved George D. Grant of three wives and a few weeks later parted him from a fourth.
“Young personally lacked sympathy for men such as Grant: ‘[I]t is not right for men to divorce their wives the way they do,’ he stated in 1858. He had slightly more compassion for women. Although he often counseled a distraught wife to stay with her husband as long ‘as she could bear with him,’ he instructed her to seek a divorce if life became ‘too burdensome.’ In 1861, Young instructed husbands to release discontent wives.
“As news of Mormon Church divorces reached the Gentile world, public outrage against Mormons flared. After 1852, when the first Utah territorial legislature adopted a statute that permitted probate courts to grant divorces, many people became highly critical of lenient civil divorces as well.
“The 1852 Utah Territory statute was objectionable because in addition to listing the usual grounds of impotence, adultery, willful desertion for one year, habitual drunkenness, conviction for a felony, [and] inhumane treatment, it included an omnibus clause. According to this clause, judges could grant divorces ‘when it shall be made to appear to the satisfaction and conviction of the court that the parties cannot live in peace and union together and that their welfare requires a separation.’ In addition, the 1852 statute contained a loose residency requirement: a court need only be satisfied that a petitioner was ‘a resident of the Territory, or wished to become one.’
“As a result of the 1852 statute, civil divorces were easy to obtain in Utah Territory; a couple could even receive a divorce on the same day they applied for it. Unlike most other jurisdictions, Utah judges accepted collusion—an agreement to divorce between husband and wife. A married couple could appear in court, testify that they agreed to divorce, and receive a decree.
Edited 2 time(s). Last edit at 08/03/2015 03:27PM by merryprankster.