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Journal of Discourses, vol. 13, pp. 175-76 (May 29, 1870)


274 I discussed some of these areas in both Morris “Assailed” and Morris “Law and Religion.”


275 Usually citing such language in Church of the Holy Trinity Church v United States. 143 US 457 (1892). For a discussion of this idea and some of its strongest advocates, see, e.g., “Is the United States a Christian Nation” at ; seen August 4, 2005. Although this is an important debate and one that has generated much discussion, it is beyond the scope of this article.


276 “Do ‘God’ and ‘Christianity’ Have a Place in the European Union Constitution?”; ; seen August 23, 2005. On November 29, 2005, the Pope announced new “guidelines” banning gay men from the priesthood. “Vatican Renews Ban on Gay Priests” online at ; seen November 29, 2005.


277 A discussion of which vis-à-vis the new Pope Benedict XVI may be read online at ; seen August 29, 2005. This is akin to the Mormons’ problem with “retention” of membership.


278 “Robertson: U.S. Should Assassinate Venezuela’s Chavez”; ; seen August 23, 2005.


279 Old Testament, Hosea 6:9; Book of Mormon, Alma 16:18; 3 Nephi 16:10, 30:2.


280 Jessie Gregory Lutz, Christian Missions in China; Evangelists of What? (Boston: Heath, 1965). This and other related works are collected in the bibliography, “American China Missions: An Introductory Bibliography,” which may be read online at ; seen August 10, 2005. For a substantial fictional account of this history, see Richard McKenna, The Sand Pebbles (New York: Harper & Row, 1962).


281 Book of Mormon, Alma 25:6 and 53:10.


282 Lynn Davies, “Comparative Education in an Increasingly Globalised World” (2004) 7 Comparative Education Bulletin 1, 14; emphasis added; published by The Comparative Education Society of Hong Kong.


283 Ibid.


284 Lynn D. Wardle, “Sexual Orientation Law & Policy: Parenthood and the Limits of Adult Autonomy” (2005) 24(1) St .Louis University Public Law Review 169, makes the patriarchal-cum-political argument in part, and states (p. 193) that the “law should not shortchange children by officially approving their adoption into semi-orphan status by same-sex couples.” Wardle is a professor of law at Brigham Young University. The article is one in a symposium on “Out of the Closet and Into the Light: The Legal Issues of Sexual Orientation.”


285 Patricia Ward Biederman and Jason Felch, “Antiwar Sermon Brings IRS Warning” (November 7, 2005) Los Angeles Times; which may be both read and heard online at ; seen November 8, 2005.


286 Biederman and Felch id.


287 Id.


288 Id.


289 McCulloch v. Maryland, 17 US at 316, 331 (1819).


290 The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States, 136 US 1 (1890) (threat of disfranchisement and dissolution, along with confiscation of church property and imprisonment of church officials).


291 Robert Bolt, A Man for All Seasons, A Play of Sir Thomas More (London: Methuen Drama, 1995), pp. 41-42.


292 Hymns no. 30.


293 Jeffrey R. Holland, “‘Abide in Me,’” address delivered at the church’s April 2004 general conference; may be read online at ; seen July 31, 2005:
“For the Church at large, we have so many things to associate in our minds with the visionary ministry of President Gordon B. Hinckley, including (perhaps especially) the vast expansion of temples and temple building. But I dare say for those of us on this rostrum, it is likely that we will remember him at least as emphatically for his determination to retain in permanent activity the converts who join this Church. No modern prophet has addressed this issue more directly nor expected more from us in seeing that it happen. With a twinkle in his eye and a hand smacking the table in front of him, he said to the Twelve recently, ‘Brethren, when my life is finished and the final services are concluding, I am going to rise up as I go by, look each of you in the eye, and say, 'How are we doing on retention?’”


294 Old Testament, Judges 12:5-6.


295 John T. Noonan, Jr., Persons and Masks of the Law (Berkeley and Los Angeles: University of California Press, 1976 [2002 ed]), p. xx.


296 The language about the “wall of separation” between church and state does not come from the First Amendment. Rather, Thomas Jefferson used the phrase in explaining the meaning of the First Amendment Religion Clauses in a famous letter of 1802 to the Danbury Baptists. The “wall of separation” first became constitutional doctrine when the US Supreme Court used it in the (in)famous Mormon polygamy case of Reynolds v. United States, 98 US 145 (1878). The text of Jefferson’s letter itself may be read online at and at . Further discussion and citations may be found at ; all seen July 11, 2005; and at Joshua Cherniss, “‘Tis Time To Part: Renovating the Wall of Separation Between Church and State” at . Daniel Dreisbach, “Another Look at Jefferson’s Wall of Separation: A Jurisdictional Interpretation of the ‘Wall’ Metaphor,” ; seen September 1, 2005, collects many relevant references and arguments that the “wall” was a statement of the separation of the federal and state jurisdictions of the US government, not of church and state. However, as Dreisbach clearly admits in the article, the analysis is a “historic, pre-Fourteenth Amendment understanding of the Bill of Rights.” Hence, it is of historical, not precedential, value. The 14th Amendment, which was ratified in 1868, surely changed this view.


297 The First Amendment to the US Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” For a quasi-official Mormon view of these clauses, see Steven G. Gey, “Mor of Less Bunk: The Establishment Clause Answers that History Doesn’t Provide” (2004) 2004(4) Brigham Young University Law Review 1617. The entire issue is devoted to church-state questions.


298 A fairly thorough summary of the church’s history of activities in this regard up to 1972 may be found in Allen, “Presidency”.


299 Smith, History, vol. 5, p. 286; emphasis added.


300 D&C 101:78-86.


301 D&C 134:11. For an exposition of this passage and D&C 134 generally, see Boyd K. Packer, “Honoring Those Who Uphold the Rule of Law (“Watchman, What of the Night”),” address given to the Utah Peace Officers Association Fallen Officer Memorial, 6 May 2004; which may be seen online at ; seen May 30, 2004. Susanna Dokupil, “‘Thou Shalt Not Bear False Witness’: ‘Sham’ Secular Purposes in Ten Commandments Displays” (2005) 28 Harvard Journal of Law & Public Policy 609, collects the sources, primarily on Establishment Clause jurisprudence, and notes how state-church entanglement leads to situations that are “murky at best,” disfranchisement, exclusion, malleable and unpredictable rules, analysis by parsing, state machinations, legal necromancy, labyrinthine rulings, creative maneuvers that “inflame the passions of courts and litigants,” dilution of the religious message—in sum, confusion. See also McCreary County, Kentucky v. American Civil Liberties Union of Kentucky, 545 U.S. 844 (2005) (Ten Commandments posted in courthouses).


302 As but one source, see the discussion of the definition(s) of “aggrieved” in Christine Coyne, “Granting Men Standing To Fight Against Injuries received as a Result of Sexual Discrimination Towards Female Co-Workers” (2000) 45 Villanova Law Review 651. Among other things, Coyne points out the relationship between a genuine “grievance” and standing to sue.


303 D&C 134:11; emphasis added.


304 Brigham Young, “Summary of Instructions Given by President Brigham Young to the People of Box Elder and Cache Counties [Utah],” August 1-10, 1865, 11 Journal of Discourses 129; emphasis added.


305 Heber C. Kimball, “Enmity of Sectarian Priests Towards the Saints—Economy—Home Manufactures, Etc.” Journal of Discourses 6:130 (Dec. 20, 1857).


306 See my discussion of the church’s attempted intervention in the Hawaii same-sex marriage case throughout Morris “Assailed.”


307 See, e.g., “Application for Permission To File Amici Curiae Brief and Amici Curiae Brief of the Church of Jesus Christ of Latter-day Saints, California Catholic Conference, National Association of Evangelicals, and Union of Orthodox Jewish Congregations of America in Support of Respondent State of California,” In re Marriage Cases, Judicial Council Coordination Proceeding No. 4365, Case No. S147999, California Supreme Court, which may be found online at ; seen August 25, 2008; referred to hereafter as the “amicus brief.”


308 Eric Hoffer, The True Believer: Thoughts on the Nature of Mass Movements (New York: Harper & Bros., 1951), p. 92,


309 Hoffer p. 124.


310 Amasa Lyman, “Salvation—Men Are Damned by Their Misdeeds—Truth—Comprehensiveness of ’Mormonism’” (Dec. 9, 1855) Journal of Discourses 3:164; emphasis added.


311 Pierre Manent, “Modern Democracy as a System of Separations” (2003) 14(1) Journal of Democracy 114.


312 Id. p. 119.


313 Id. pp. 116-17.


314 New Testament, Matthew 12:39.


315 Carol Lynn Pearson, “Proof” in The Search (New York: Doubleday, 1975), p. 33.


316 New Testament, 1 Corinthians 2:9.


317 New Testament, 2 Corinthians 5:7.


318 Book of Mormon, Ether 3:19.


319 New Testament, Luke 24:32.


320 See Boyd K. Packer, “The Only True Church” (Nov. 1985) Ensign 80; see also Morris “Law and Religion.”


321 United States v. Carolene Products Co., 304 US 144, 152 n.4 (1938).


322 Stuart Banner, “When Christianity Was Part of the Common Law” (1998) 16(1) Law and History Review 27, 61; hereafter Banner “Christianity.”


323 “My sheep know my voice.” New Testament, John 10:4, 27.


324 Boyd K. Packer, “The Standard of Truth Has Been Erected” (Nov. 2003) Ensign ___. When the church was organized on April 6, 1830, by Joseph Smith, just six persons were present. D&C 20:1; Joseph Smith, 1 History of the Church 64-70.


325 New Testament, Matthew 18:20.


326 Old Testament, 1 Samuel 8:6; Book of Mormon, 2 Nephi 5:18, 10:11; 3 Nephi 6:30. What may be termed unofficial Mormon views may be read in Lino A. Graglia, “Single-Sex ‘Marriage’: The Role of the Courts” (2001) 2001 Brigham Young University Law Review 1013 (policy choices by legislatures and courts); and J. Nathan Jensen, Book Review, 1999 Brigham Young University Law Review 921, reviewing Michael J. Perry, Religion in Politics: Constitutional and Moral Perspectives (Oxford: Oxford University Press, 1997).


327 Old Testament, Numbers 14.


328 Old Testament, 1 Samuel 8:18.


329 I have here combined New Testament, James 1:17, and Book of Mormon, Alma 7:20.


330 New Testament, Matthew 16:4.


331 Robert M. Pirsig, Zen and the Art of Motorcycle Maintenance: An Inquiry Into Values (New York: Bantam Books, 1989), p. 134; emphasis added. The context is Pirsig’s discussion of the possibility of a “Church of Reason”.


332 N. J. Demerath III and Richard A. Peterson, “Overview” in N. J. Demerath III and Richard A. Peterson (eds), System, Change, and Conflict: A Reader on Contemporary Sociological Theory and the Debate Over Functionalism (New York: Free Press, 1967), p. 34 (the role of religion in exercising social control over the masses).


333 See D&C 93:30; see also Dallin H. Oaks, “Ethics, Morality, and Professional Responsibility” (1976) 16(4) Brigham Young University Studies 507. Oaks, now a Mormon apostle, was then president of Brigham Young University.


334 New Testament, 1 Corinthians 2:11.


335 D&C 50:13-25.


336 Steiner, Treason, p. 4.


337 New Testament, Ephesians 4:5.


338 John Rawls, Political Liberalism (New York: Columbia University Press, 1993), pp. 36-37; cited and discussed in M.D.A. Freeman, Lloyd’s Introduction to Jurisprudence (London: Sweet & Maxwell, 7th ed, 2001), p. 526. Rawls expands on these ideas in “The Law of Peoples” in M.D.A. Freeman, Lloyd’s Introduction to Jurisprudence (London: Sweet & Maxwell, 7th ed, 2001), pp. 585-90.


339 Rawls, id.


340 Rawls, p. 36, citing Joshua Cohen, “Moral Pluralism and Political Consensus” in David Copp, Jean Hampton, and John E. Roemer (eds), The Idea of Democracy (Cambridge: Cambridge University Press, 1993), pp. 270-91. See also Lucinda Peach, Legislating Morality: Pluralism and Religious Identity in Lawmaking (Oxford: Oxford University Press, 2002); Peach collects a particularly exhaustive and useful bibliography.


341 Rawls, p. 36.


342 Id. p. 37.


343 Id.


344 Id. p. 38.


345 Id. p. 39; emphasis added.


346 Karl Marx and Friedrich Engels, “The German Ideology” in Marx and Engels, Selected Works (London: Lawrence and Wishart, Ltd, vol 5, 1968), pp. 228-29; quoted in M.D.A. Freeman, Lloyd’s Introduction to Jurisprudence (London: Sweet & Maxwell, 7th ed, 2001), p. 993; original emphasis.


347 M.D.A. Freeman, Lloyd’s Introduction to Jurisprudence (London: Sweet & Maxwell, 7th ed, 2001), p. 47; citing Hermann Ulrich Kantorowicz, Definition of Law, A. H. Campbell ed (Cambridge: Cambridge University Press, 1958), p. 34.


348 See, e.g., the approval of the curtailment of “some of our liberties” post-911 in Gordon B. Hinckley, “The Times in Which We Live” (Nov. 2001) Ensign 72. Hinckley is the current president of the church. In this article, Hinckley referred to the Gadianton robbers of the Book of Mormon, about which more later.


349 D&C 78:14.


350 See the discussion in Kenneth Anderson, Book Review, (Sunday, Nov. 28, 1999) Los Angeles Times, reviewing Richard N. Ostling and Joan K. Ostling, Mormon America: The Power and the Promise (San Francisco: Harper, 1999) (review noting “a certain anxiety and a certain lurking concern for inauthenticity and illegitimacy,” particularly with regard to Mormon origins and texts). The review may be read online at ; seen July 11, 2005.


351 Book of Mormon, Ether 2:12; emphasis added.


352 The text of the Lectures on Faith may be read online at ; seen May 23, 2005.


353 Lectures on Faith, Lecture 1:12, 15-16. Orson Pratt was the author of the Lectures on Faith; Joseph Smith their promulgator.


354 New Testament, James 2:19.


355 Lectures on Faith, Lecture 6:7 passim; emphasis added.


356 Book of Mormon, 2 Nephi 4:34.


357 New Testament, Galatians 2:16.


358 D&C 101:77-80; Book of Mormon, Helaman 14:30.


359 Book of Mormon, Helaman 14:30.


360 D&C 37:4.


361 Pearl of Great Price, Moses 4:3.


362 Hymns no. 240. An official deployment and exegesis of this text and related ideas may be found in Ronald T. Halverson, “I Stand at the Door, and Knock,” which may be read online at ; seen October 4, 2005.


363 Peter D'Errico, “The Law is Terror Put Into Words” (1975) 2 Learning and the Law 39. “Religiosity,” along with “religification,” are key terms throughout Phillips American Theocracy.


364 New Testament, Luke 6:31, Matthew 7:12.


365 Book of Mormon, Mosiah 5:8, 6:2; Alma 46:21; Moroni 4:3; D&C 20:77.


366 Susan Jacoby, “Original Intent” (Nov/Dec 2005) Mother Jones, which may be read online at ; seen November 30, 2005 (describing traditional church-state relations as “incestuous.” Confucius stated the proposition a bit more to the point: “Whatever you yourself do not desire, do not inflict that on others.” “己所不欲,勿施於人.” Analects [論語] 15:23.


367 Swancara Obstruction at p. 269.


368 Charles W. Penrose, “The Faith of the Latter-day Saints” in Collected Discourses (Salt Lake City: LDS Church, vol 3, May 15, 1892).


369 Ibid.


370 Lance B. Wickman, “In Search of Atticus Finch,” BYU J. Reuben Clark Law Society Devotional speech, February 10, 2006, which may be read online under “Voice of the Church” at ; seen September 23, 2006. The reference to “take upon ourselves the name….” is to D&C 20:79; Book of Mormon, Moroni 5:2. Atticus Finch is the protagonist in Harper Lee’s novel, To Kill a Mockingbird.


371 D&C 105:14.


372 D&C 49:27.


373 David Campbell, Writing Security: United States Foreign Policy and the Politics of Identity (Minneapolis: University of Minnesota Press, 1998), deals with these “discourses of danger” and the “evangelism of fear” (esp. pp. 48-50). See also Gene Healy and Timothy Lynch, Power Surge: The Constitutional Record of George W. Bush (Washington, D.C.: Cato Institute, 2006), on the subject, inter alia, of foreign policy and national security.


374 New Testament, 2 Timothy 1:7.


375 Book of Mormon, Ether ch 3.


376 A common phrase in Mormon teaching but usually given in the negative as a caution: “be in the world but not of the world.” See e.g., Julie B. Beck, “In the World But Not Of the World,” address with video script given at Brigham Young University Women’s Conference, April 29, 2005, which may be read online at ; seen August 25, 2005.


377 As I documented in Morris “Assailed.”


378 New Testament, Matthew 7:6.


379 New Testament, Revelation 22:15.


380 Book of Mormon, Alma 5:57.


381 D&C 133:14.


382 Old Testament, Genesis chs. 10 and 11. See the history of “Assyria and Babylon” at ; seen August 15, 2005.


383 New Testament, Revelation 14:8, 16:19, 17:5, 18:2, 10, 21.


384 D&C 1:16. The entire text of D&C 1 bears close scrutiny in this context; I will cite portions of it throughout the discussion that follows.


385 New Testament, Ephesians 4:12; D&C 124:143.


386 New Testament, Luke 18:1-6; D&C 101:81.


387 Book of Mormon, Ether 1:3-5, 34-35; 8:15-26.


388 Book of Mormon, Ether 8:23-26; emphasis added.


389 New Testament, 1 Corinthians 2:2.


390 Morris “Law and Religion” para. 130.


391 New Testament, Matthew 4:8-10; Luke 4:6-8.


392 Old Testament, Exodus 20:1-3; Pearl of Great Price, Moses 1:15.


393 D&C 38:29.


394 Numerous sources document these actions, but many may be found summarized at ; seen June 21, 2008.

395 D&C 101:78.


396 Ramin Setoodeh, “Young, Gay and Murdered,” Newsweek, July 19, 2008, available online at ; seen July 20, 2008.


397 Ron Schow, Robert A. Rees, William Bradshaw, and Marybeth Raynes, The Persistence of Same Sex Attraction in Latter-day Saints Who Undergo Counseling or Change Therapy (LDS Resources for Understanding Homosexuality, 2004), pp. 28-29. “Wards” and “stakes” are ecclesiastical districts or divisions. Perhaps the church considers the results reported by Schow et al. to be a desirable thing per New Testament, Matthew 10:34: “Think not that I am come to send peace on earth; I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man’s foes shall be they of his own household.” This, however, would run counter to the essence of the 1995 “Proclamation” under scrutiny here.


398 Baehr v. Miike, 80 Haw. 341, 910 P.2d 112 (1996) (denial of intervention applications of clergy and Church of Jesus Christ of Latter-day Saints). I discuss this in Morris “Assailed” at footnote 93 and accompanying text.


399 D&C 1:21.


400 D&C 121: 43.


401 Madison, Memorial and Remonstrance; emphasis added. Nathan A. Forrester, Jr., “Equal Billing: On Religion, Washington’s Views Should Be Considered, Too” (2007) 12(1) Texas Review of Law & Politics 207, reviewing Tara Ross and Joseph C. Smith, Jr., Under God: George Washington and the Question of Church and State (Dallas, TX: Spence Pub. Co., 2008), deals with Madison’s work and presents a contrary view grounded in the views of George Washington.


402 Gastón Espinosa, “Introduction” in Gastón Espinosa, ed. Religion and the American Presidency: George Washington to George W. Bush (New York: Columbia University Press, 2009), pp, 1-44, provides an excellent overview with bibliography of this complex subject. See also Jon Meacham, “The End of Christian America” (April 13, 2009) Newsweek, available online at ; seen April 29, 2009.


403 Book of Mormon, Ether 8:23-26; emphasis added.


404 Pearl of Great Price, “Articles of Faith,” Article : “We believe that the first principles and ordinances of the Gospel are: First, faith in the Lord Jesus Christ….”


405 “…may the kingdom of God go forth, that the kingdom of heaven may come.” D&C 65:6.


406 D&C 78:14; emphasis added.


407 D&C 10:49, 52.


408 D&C 68:2-5.


409 New Testament, Matthew 6:23, Luke 11:35; Book of Mormon, 3 Nephi 13:23..


410 “The Death of the Ball Turret Gunner” in Randall Jarrell, The Complete Poems (New York: Farrar, Straus & Giroux, 1969), p. 144. Jarrell (1914 - 1965) wrote about World War II from personal experience. In 1942, he enlisted in the Army Air Corps but failed to qualify to fly. Instead he worked for the Army as a control tower operator. Many of his poems deal with the lives and experiences of people in the War and are reminiscent in tone and subject matter of the likes of Joseph Heller’s Catch-22 and Norman Mailer’s The Naked and the Dead. Mormon Apostle Boyd K. Packer, about whom I will present further information later, was a member of a B-24 bomber crew in the same war; ; seen July 7, 2005.


411 Samuel P. Huntington, The Third Wave: Democratization in the Late Twentieth Century (Norman: University of Oklahoma Press, 1991), pp. 72-73.


412 Id. at p. 73.


413 Id. at p. 74.


414 Portions of the “Remonstrance” and other relevant writings of Madison are reproduced in Dunn Surprise at pp. 349-444, including especially his notes on “religious tests” at pp. 389 and 399.


415 And in Mormon doctrine, one of the men specifically raised up by God “for this very purpose.” D&C 101:80.


416 Madison, Memorial and Remonstrance. Similar sentiments can be found among the ancestors of Joseph Smith. Anderson Heritage, pp. 118, 132-33, 148, and 250 n. 130.


417 For an argument that the “Remonstrance” did not imply “accepting those with no religion at all,” see Bradley “Machine” pp. 725-26.


418 D&C 27:6, 86:10.


419 A discussion of The Great Apostasy may be found in any competent study of Mormon doctrine and throught. One official work on the subject is James E. Talmage, The Great Apostasy (Salt Lake City: Deseret Book, 1994 [1909]). An official online summary with citations and notes may be read at ; seen July 11, 2005; a succinct non-official discussion may be read online at ; seen July 11, 2005. Also useful is the quasi-“official”Noel B. Reynolds (ed), Early Christians in Disarray: Contemporary LDS Perspectives on the Christian Apostasy (Provo, UT: Foundation for Ancient Research and Mormon Studies and Brigham Young University Press, 2005).


420 Pearl of Great Price, Joseph Smith—History 1:19, emphasis added; compare Old Testament, Isaiah 29:10-14; New Testament, 2 Timothy 3:1-7.


421 See, e.g., Book of Mormon, 1 Nephi 13:35, 1 Nephi 15:13, 2 Nephi 1:10, 2 Nephi 26:15, and Mormon 9:20, as representatiave of the many other similar passages.


422 Book of Mormon, 3 Nephi 1:30, as an example.


423 Troeltsch, Christian Churches pp. 159-60.


424 New Testament, Ephesians 4:13; Book of Mormon, Mosiah 18:21.


425 Pearl of Great Price, Joseph Smith—History 1:19, emphasis added; compare Old Testament, Isaiah 29:10-14; New Testament, 2 Timothy 3:1-7.


426 Robert N. Bellah, The Broken Covenant: American Civil Religion in Time of Trial (Chicago: University of Chicago Press, 2nd ed, 1992), pp. 165-66.


427 Jean-Jacques Rousseau, The Social Contract, trans. Willmoore Kendall (Chicago: Gateway, book 4, ch 8, 1954), pp. 204-23.


428 Ezra Taft Benson, “Watchman, Warn the Wicked” (July 1973) Ensign 38; original emphasis. Benson’s note of “the year 1831” is not coincidental. The Book of Mormon and the Book of Moses in the Pearl of Great Price were published in 1830. Both Tocqueville and Smith were born in 1805. Many revelations later incorporated into the Doctrine and Covenants are dated 1830 and 1831.


429 Alexis de Tocqueville, Democracy in America. Scott A. Sandage ed. (New York: HarperCollins, 2007), p. 155.


430 A useful collection of Tocqueville references on the subject may be seen online at ; seen November 21, 2009.


431 Ibid. p. 242.


432 Old Testament, 1 Samuel 15:22.


433 Old Testament, 1 Samuel 15:3.


434 Old Testament, 1 Samuel 15:9-35.


435 Old Testament, 1 Samuel 15:24.


436 The Merchant of Venice, Act IV, sc 1.


437 New Testament, Revelation 11:15; compare D&C 105:32.


438 New Testament, Matthew 5:13-16.


439 See the discussion of “expectations” in Statman “Feelings” at p. 206.


440 D&C sec. 45, esp. verses 64-71.


441 Presumably an evil in Mormon theology, which lauds freedom and free agency, including political freedom. See, e.g., Gordon B. Hinckley, “My Redeemer Lives,” (Feb. 2001) Ensign 70.


442 Richard Dawkins, The God Delusion (New York: Bantam Books, 2006), develops this thesis at length with many examples. See also David Domke and Kevin Coe, The God Strategy: How Religion Became a Political Weapon in America (Cary, NC: Oxford University Press (USA), 2007). Mormon apostle Dallin Oaks takes the same position. Dallin H. Oaks, Religious Freedom and the Supreme Court (Washington, DC: Ethics and Public Policy Center, 1981), p. 122..


443 Daniel Statman, “Hurting Religoius Feelings” (2000) 3 Democratic Culture 199, 203-04; hereafter Statman “Feelings.”


444 G. K. Chesterton, “The Twelve Men” in G. K. Chesterton, Tremendous Trifles (London: Sheed and Ward, 1909); emphasis added.


445 Paulo Freire, Pedagogy of the Oppressed. Trans. Myra Bergman Ramos (New York: Continuum Publishing Co., rev ed, 1994), pp. 114-15.


446 Old Testament, Amos 3:7.


447 Pearl of Great Price, “Articles of Faith,” Article 11. I read this as equivalent, or nearly so, on some level to the statement attributed to Voltaire: “I disapprove of what you say, but I will defend to the death your right to say it.” Evelyn Beatrice Hall (pseud. Stephen G. Tallentyre), The Friends of Voltaire (np, 1906), summarizing Voltaire’s thought in these words. Freedom of worship includes freedom of speech, assembly, etc.


448 D&C 65:5-6.


449 Old Testament, Daniel 2:34, 45; emphasis added. See Wilford Woodruff, Discourse, Journal of Discourses 22:341, 342 (October 23, 1881). Woodruff was the fourth president of the church; I will have more to say regarding this discourse later.


450 Joseph Smith, History of the Church 6:365; emphasis added. This and other relevant passages are cited and discussed in Spencer J. Palmer, “Mormonism—A Message for All Nations” (Provo, UT: Brigham Young University, 1965).


451 King v. Richmond County, 331 F.3d 1271 (11th Cir. 2003), considered whether a court clerk’s official seal, bearing a sword and two rectangular tablets with rounded tops inscripbed with the Roman numbrals I-X, was a religious symbol.


452 Book of Mormon, Mosiah 16:1; emphasis added.


453 D&C 5:14, 105:31, and 109:73; quoting Old Testament, Song of Solomon 6:10.


454 D&C 6:2, 11:2, 12:2, 14:2, 33:1; quoting in part New Testament, Hebrews 4:12.


455 D&C 29:30; Pearl of Great Price, Moses 1:32, 35; 2:5.


456 Joseph Smith, History of the Church 4:540; emphasis added.


457 Some may be found online at this address: .


458 D&C 3:1-3; Book of Mormon, Mormon 8:22, 26..


459 Joseph Smith, History of the Church 5:498-99; emphasis added. This quotation is discussed in the context of free thought and “free agency” at .


460 New Testament, Acts 21:14, 28:23; Romans 14:5; 2 Corinthians 5:11.


461 D&C 101:55.


462 D&C 105:16.


463 Book of Mormon, Mosiah 16:1.


464 Roth v. United States, 354 US 476 (1957).


465 Roe v. Wade, 410 US 113 (1973).


466 New Testament, Ephesians 4:13; Book of Mormon, Mosiah 18:21.


467 R. Laurence Moore, Religious Outsiders and the Making of Americans (New York: Oxford University Press, 1986), p. 205. The image is one of setting up the competing sects as checks-and0balances against one another in order to ensure equality and a level playing field. One might compare the “Don’t Ask, Don’t Tell” policy of the military, which, it can be argued, has resulted in greater homophobia in the military. See ; seen October 15, 2005.


468 Book of Mormon, 3 Nephi 11:22, 28.


469 New Testament, 1 Corinthians 6:1-8; D&C 24:17.


470 New Testament, Titus 3:9.


471 Allen, “Presidency.”


472 D&C 101:76-88 (the parable of the importunate woman); see also New Testament, Luke 11:8 and 18:1-8.


473 Joseph Smith, quoted by John Taylor (third president of the church) in "The Organization of the Church," (November 15, 1851) 13(22) Millennial Star 339; James R. Clark (comp), Messages of the First Presidency of the Church of Jesus Christ of Latter-day Saints (Salt Lake City: Bookcraft, 6 vols, 1966–75), 3:54; also see Journal of Discourses 10:57–58).


474 Book of Mormon, Alma 60:36.


475 Book of Mormon, Alma 62:43. See the discussion at Hugh Nibley, “Leaders and Managers,” Brigham Young University Devotional and Fireside Speeches, online at ; seen May 24, 2003.


476 Joseph Smith, History of the Church 4:461. For a recent sermon on this topic, see James E. Faust, “The Keystone of Our Religion” (January 2004) Ensign 2.


477 Boyd K. Packer, “Scriptures” (November 1982) Ensign 51. “You should know also that by recent decision of the Brethren the Book of Mormon will henceforth bear the title ‘The Book of Mormon,’ with the subtitle ‘Another Testament of Jesus Christ.’” It is obvious from the language of this fiat that the general church membership had no part in the decision to change the book’s title. See also Boyd K. Packer, “The Book of Mormon: Another Testament of Jesus Christ—Plain and Precious Things” (May 2005) Ensign 6.


478 New Testament, Revelation 19:10.


479 D&C 1:4.


480 D&C 1.


481 Book of Mormon, Mormon 8:35.


482 Id. verse 38.


483 Pratt’s book may be read online at .


484 D&C 42:12.


485 Many warnings given there, such as that in the Word of Wisdom (D&C 89:4), do not appear in the Bible and are special or “peculiar” to this time and dispensation.


486 Gordon B. Hinckley, “A Testimony Vibrant and True,” (Aug. 2005) Ensign.


487 The basic rules of this grammar may be studied at ; seen July 25, 2005.


488 Ezra Taft Benson, “The Book of Mormon—Keystone of Our Religion” (Nov. 1986) Ensign 4; Report of the 156th Semiannual General Conference of the Church of Jesus Christ of Latter-day Saints, Sermons and Proceedings of October 4-5, 1986, p. 76.


489 Book of Mormon, Mosiah 29:16:32; emphasis added.


490 Kenneth J. Arrow, The Limits of Organization (New York: Norton, 1974).


491 Arthur L. Stinchcombe, Information and Organizations (Berkeley: University of California Press, 1990).


492 Michael MacKuan, “Speaking of Politics: Individual Conversational Choice, Public Opinion, and the Prospects for Deliberative Democracy” in John A. Ferejohn and James H. Kuklinski (eds), Information and Democratic Processes (Urbana: University of Illinois Press, 1990), pp. 59-99.


493 John Taylor, “Union, etc.” Journal of Discourses 7:326 (Oct. 7, 1859).


494 The official statement in the church’s letter to its California congregations may be read at ; seen June 30, 2008.


495 In re Marriage Cases, 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384] (2008),


496 Book of Mormon, Alma 51:2.


497 Gordon B. Hinckley, "A Testimony Vibrant and True," (Aug. 2005) Ensign 2-6; emphasis added.


498 Two of those states included measures outlawing any form of same-sex partnership. In Utah, where the Mormon church is headquartered, Amendment 3 would “recognize that marriage consists only of a legal union between a man and a woman; no other domestic union would be recognized as a marriage or given the same or substantially equal legal effect….”


499 See Isaac Kramnick and R. Laurence Moore, The Godless Constitution: The Case Against Religious Correctness (New York/London: Norton, 1996).


500 Hugh Nibley, “What Is Zion? A Distant View” in Collected Works of Hugh Nibley (Salt Lake City: Deseret Book, vol 9 “Approaching Zion”, 1989), p. 55 (ch. 2); emphasis added. See similar thoughts in Hugh W. Nibley, “Priesthood” (Dec. 1990) Sunstone Magazine pp. 10-11.


501 Charles A. Cannon, “The Awesome Power of Sex: The Polemical Campaign Against Mormon Polygamy” (1974) 43 Pacific Historical Quarterly 61.


502 Hence, Madison argues in Federalist No. 10 that a multiplicity of sects is conducive to peace and liberty. The “unity of the faith” to be achieved the the prophets and apostles appears to be a wholly ecclesiastical matter, at least in Madison’s view. New Testament, Ephesians 4:13; Book of Mormon, Mosiah 18:21.


503 Nelson, “Freedom To Do and to Be.”


504 Bradley “Machine” at p. 687.


505 Id. at p. 703.


506 Id.; emphasis added.


507 Id.


508 New Testament, John 13:35. Jesus denounced the use of oaths: New Testament, Matthew 5:33-37.


509 D&C 105:38-40; emphasis added.


510 New Testament, 1 Timothy 2:1-2; emphasis added.


511 D&C 36:2, 39:6, and 42:61.


512 Book of Mormon, 3 Nephi 5:4.


513 Book of Mormon, 2 Nephi 19:6.


514 On the intimate connection of slavery and Christendom, particularly in ante-bellum America during the formative years of Mormonism, see Forrest G.. Wood, The Arrogance of Faith: Christianity and Race in America from the Colonial Era to the Twentieth Century (New York: Knopf, 1990); Stephen R. Haynes, Noah’s Curse: The Biblical Justification of American slavery (New York: Oxford Univ. Press, 2002).


515 D&C 101:77-80; emphasis added. See the panel discussion, “What Is the Proper role of the Latter-day Saint with Respect to the Constitution?” commencing at (1962) 4(2) BYU Studies 151.


516 For an essay summarizing this view, see Robert S. Dunn, “The Constitution, Our Inspired Heritage” in Meridian Magazine, online at ; seen December 15, 2005.


517 Clause 2 of Article 6 of the Constitution states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”


518 D&C 58:21.


519 D&C 132:19.


520 James Fitzjames Stephen, A General View of the Criminal Law of England (London: Macmillan, 2nd ed, 1890), p. 99; quoted in Martin P. Golding, Philosophy of Law (New Jersey: Prentice-Hall, 1975), p. 87.


521 D&C 63:58.


522 Book of Mormon, 2 Nephi 25:4, 20; 33:6.


523 Old Testament, Genesis 17:11-25.


524 Old Testament, Genesis 4:1; Pearl of Great Price, Moses 5:2.


525 Islam is also an Abrahamic (Ibrahim) sect or group of sects, but discussion of Islam is not within the scope of this study. Central in the Koran is the conflict between Abraham and his father, Azar, who was an idolater. Abraham turned away from him when he could not make his father follow the message of God. Koran 19:42-49. Abraham’s story in the Koran is not as extensive as that of the Hebrew (i.e., Old Testament) account. When Abraham tries to convince his father not to worship these things that cannot see, hear, feel, taste, or smell, he is rejected and leaves his father to become a true Allah worshipper. In return for his faithfulness Allah gives Abraham two sons Jacob and Ishmael. Most significantly, this father-son conflict of the Abraham story is “restored” in Mormon scripture: Pearl of Great Price, Abraham chs. 1 and 2 plus Facsimile No. 1


526 Old Testament, Genesis 17:11.


527 Old Testament, Deuteronomy 10:16, 30:6; Jeremiah 4:4; New Testament, Acts 7:51, Romans 2:29; Book of Mormon, 2 Nephi 9:33.


528 New Testament, 1 Corinthians 7:19.


529 Arthur Miller, Incident at Vichy: A Play (New York: Viking/Penguin Books, 1985), p. 36.


530 Kathleen Flake, The Politics of American Religious Identity: The Seating of Senator Reed Smoot, Mormon Apostle (Chapel Hill: University of North Carolina Press, 2004), p. 110; hereafter Flake Politics.


531 A photo of the monument with this comment may be seen at ; seen August 21, 2008.


532 Photo and details may be seen at ; seen August 23, 2008.


533 Annie Proulx, “Brokeback Mountain” in Annie Proulx, Close Range: Wyoming Stories (New York: Scribner, 1999), pp. 251-83.


534 Id. at p. 268.


535 Id. at p. 279.


536 Id. at p. 280. See the discussion of these and other elements of the story in Karen L. Rood, Understanding Annie Proulx (Columbia: University of South Carolina Press, 2001), pp. 187-91..


537 The reference is to the Quentin-Shreve/Henry-Bon duality, “the two the four the two,” or “Charles-Shreve and Quentin-Henry,” in William Faulkner’s Absalom, Absalom! For a discussion of this aspect of the novel, see Don Merrick Liles, “William Faulkner’s Absalom, Absalom!: An Exegesis of the Homoerotic Configurations in the Novel” (1983) 8(3-4) Journal of Homosexuality 99. More about Absalom, Absalom! follows infra.


538 The Report may be read online at < http://hawaii.gov/lrb/rpts95/sol/pref.html>; seen July 21, 2006.


539 A summary of the cases and issues surrounding Baehr may be read in Robert J. Morris, “Re-Identifying American State Democracy: Implications for Same-Sex Marriage and the Nonfungibility of Hawai’I in the Exotic 1950 Statehood Constitution”, (2000) 22(1) University of Hawai’i Law Review 1.


540 Evan Wolfson, Why Marriage Matters: America, Equality, and Gay People’s Right To Marry (New York: Simon & Schuster, 2004), is a memoir and argument by one of the attorneys during this period.


541 And that, by implication, it must ejaculate sperm in that vagina and hence “consummate” the male-female union. Charles J. Reid, Jr., “The Augustinian Goods of Marriage: The Disappearing Cornerstone of the American Law of Marriage” (2004) 18(2) Brigham Young University Journal of Public Law 449. This entire issue of the Journal is devoted to the issue of marriage and, presumably, the Mormon opposition to same-sex marriage. See also Charles J. Reid, Jr., Power Over the Body, Equality in the Family: Rights and Domestic Relations in Medieval Canon Law (Grand Rapids: Eerdmans, 2004).


542 Terms which do not appear in the US Constitution.


543 New Testament, 1 Corinthians 7:19; Old Testament, Genesis 17.


544 New Testament, 1 Corinthians 7:19.


545 Book of Mormon, Moroni 8:8.


546 Old Testament, Genesis 38:9.


547 See, e.g., the US Supreme Court’s discussion in Wainwright v. Stone, 414 US 21 (1973) (upholding convictions for such intercourse). A summary of sodomy statutes, with a world map showing which areas do and do not criminalize sodomy, may be found at ; seen August 2, 2005.


548 Joseph Smith, “King Follet Discourse” (15 Aug. 1844) 5 Times & Seasons 612; Journal of Discourses 6:1,3. The discourse may be read online at ; seen August 12, 2008. The relevant passage is this:
“God himself, who sits enthroned in yonder heaven, is a man like one of you. That is the great secret. If the veil were rent today and you were to see the great God who holds this world in its orbit and upholds all things by his power, you would see him in the image and very form of a man; for Adam was created in the very fashion and image of God. He received instruction from and walked, talked, and conversed with him as one man talks and communes with another…. God himself, the Father of us all, dwelt on an earth the same as Jesus Christ himself did….”


549 Old Testament, Genesis chs. 1-2; Pearl of Great Price, Moses 2:26, Abraham 4:26.


550 Griswold v. Connecticut, 381 U.S. 479, 486 (1965) (constitutional right of privacy).


551 I use “patriarchal” and “patriarchy” herein in both general and specifically Mormon definitions. The general definition, quoted in Eve Kosofsky Sedgwick, Between Men: English Literature and Male Homosocial Desire (New York: Columbia University Press, 1985), p. 3, is “relations between men, which have a material base, and which, though hierarchical, establish or create interdependence and solidarity among men that enable them to dominate women.” In popular culture, we see this enacted in Alfred Hitchcock’s film, “Dial M for Murder.” In opera, in Puccini’s Madame Butterfly, from the story by John Luther Long. The Mormon definition embraces this concept but places it within the idea of the male priesthood and the powers and authorities it entails. The relevant texts may be found gathered at , seen October 9, 2005. With Sedgwick, I do not assume or argue that patriarchal power is primarily or necessarily homosexual, but that it is surely homosocial. Sedgwick, id., p. 20.


552 Old Testament, Genesis 4:17, 25; Pearl of Great Price, Moses 5:2.


553 Old Testament, Genesis 4:1, 25; Pearl of Great Price, Moses 5:2, 16, 6:2.


554 Old Testament, Psalm 16:10; New Testament, Acts 2:27.


555 D&C 132:1, 38-39.


556 Or did he? David also loved Jonathan—some say homosexually. Old Testament, 1 Samuel chs. 18-20.


557 Journal of Discourses 8:115.


558 Journal of Discourses 4:218.


559 Old Testament, Ezekiel 37:16-19.


560 Old Testament, Exodus ch. 7, Numbers ch. 17. Reference to the “rod of Aaron” used to be found in D&C 8:6-9, but it has been excised from recent editions and changed to “gift of Aaron.” See, e.g., the history and discussion at and ; both seen August 12, 2005.


561 Ben Golder, “‘It Forced Me To Open More Than I Could Bear’: H.A.D., Paedophilia, and the Discursive Limits of the Male Heterosexual Body” in Andrew T. Kenyon and Peter D. Rush (eds), An Aesthetics of Law and Culture: Texts, Images, Screens (Amsterdam: Elsevier, 2004), pp. 53-72; Ngaire Naffine, “The Body Bag” in Ngaire Naffine and Rosemary Owens (eds), Sexing the Subject of the Law (London: Sweet & Maxwell, 1997), pp. 79-93.


562 D&C 43:15; emphasis added.


563 D&C 1:2.


564 New Testament, Hebrews 4:12.


565 Book of Mormon, Helaman 5:30, 3 Nephi 11:3; D&C 85:6, 121:4.


566 Turner v. Safley, 482 U.S. 78, 82 (1987).


567 In this discussion, I follow the reasoning of Jamal Greene, “Divorcing Marriage from Procreation” (2005) 114(8) Yale Law Journal 1989.


568 482 U.S. at 95-96.


569 Greene, id., at footnote 39 and accompanying text.


570 Leung TC William Roy v. Secretary for Justice, HCAL 160/2004 (24 August 2005), which may be read online at ; seen August 26, 2005. Hong Kong, like the United States, is a common-law jurisdiction. See also Nick Gentle, “Biased law on gay sex overturned by judge,” Thursday, August 25, 2005 South China Morning Post, p. A1; Nick Gentle, “Young activist hails his rights victory for gays,” Thursday, August 25, 2005 South China Morning Post, p. C3; Editorial, “A blow struck for the rights of the individual,” Thursday, South China Morning Post, p. A12. It is useful to compare the reasoning and holding of this case with the US Supreme Court case of Lawrence v. Texas, 539 US 558 (2003) (Texas sodomy statue overruled on Due Process grounds, overruling Bowers v. Hardwick, 478 US 186 (1986), and noting the Court’s “obligation…to define the liberty of all….” per Kennedy J ). Vicki C. Jackson, “Constitutional Comparisons: Convergence, Resistance, Engagement” (2005) 119 Harvard Law Review 109, 119-20 passim, discusses these cases in terms of using international standards of justice in deciding US constitutional cases.


571 Hong Kong Crimes Ordinance, Cap. 200, Sections 118A through 118N (all dated 30 June 1997, except 118E and 118I regarding mentally incapacitated persions, dated 1 February 1999). These are dates when the law was revised. The sodomy laws originated much earlier. The date of 30 June 1997 is significant because it was the final day of the Hong Kong British Crown Colony before the “handover” to the jurisdiction of the People’s Republic of China on July 1, 1997.


572 Cap. 383 (30 June 1997).


573 The Hong Kong Society for Truth and Light objected to the ruling on religious grounds. I could not locate an official Web page for the Society. Information about it may be read at ; seen August 26, 2005.


574 Eve Kosofsky Sedgwick, Between Men: English Literature and Male Homosocial Desire (New York: Columbia University Press, 1985), assimilating both Gayle Rubin, “The Traffic in Women: Notes Toward a Political Economy of Sex” in Rayna Reiter (ed), Toward an Anthropology of Women (New York: Monthly Review Press, 1975), pp. 157-210, and Claude Lévi-Strauss, The Elementary Structures of Kinship (Boston: Beacon Press, 1969), p. 115, is premised on this important and singular fact: that even when a woman is present in the social equation, she is there as an implement or catalyst of the transactions of power “between men.” They negotiate her in order to get to each other. Women are used “as exchangeable [the law would say fungible], perhaps symbolic, property for the primary purpose of cementing the bonds of men with men.” Sedgwick, id., pp. 25-26; emphasis added. The woman is the conduit of a relationship in which the true partner(s) are men or, as in marriage, where the exchanging partners are men—as, for example, the figure of Judith in Faulkner’s Absalom, Absalom! (“the blank shape, the empty vessel,” “girlname,” a “cup of lemon sherbet”). The Mormon umbrella names for this are such terms as polygamy and celestial marriage.


575 Christopher Peterson, “The Haunted House of Kinship: Miscegenation, Homosexuality, and Faulkner’s Absalom, Absalom!” (2004) 4(1) CR: The New Centennial Review 227.


576 Those who wish to pursue these ideas vis-a-vis the Mormons might start at this official site: ; seen October 4, 2005.


577 D&C 132:19.


578 D&C 132:16.


579 D&C 86:8-10a.


580 Pearl of Great Price, Moses 6:45-46; emphasis added. It is interesting to note that in Mormon scripture, “Adam” is sometimes referred to in the plural and as hermaphroditic. For example, Pearl of Great Price, Moses 1:34, which says: “And the first man of all men have I called Adam, which is many.” Perhaps the most provocative of these texts is Pearl of Great Price, Moses 6:8-9 thus (emphasis added): “In the day that God created man, in the likeness of God made he him; In the image of his own body, male and female, created he them, and blessed them, and called their name Adam, in the day when they were created and became living souls….”


581 I discussed such matters in terms of the popular “holy blood, holy grail” stories in Morris “Assailed” footnote 302 and accompanying text. See also the discussion in Dan Smail, “In the Grip of Sacred History” (2005) 110(5) American Historical Review 1337.


582 Pearl of Great Price, Joseph Smith-History 1:4.


583 D&C 135:3.


584 D&C 137:5-6.


585 Pearl of Great Price, Joseph Smith—History 1:4, 7.


586 Each of the three sisters is given a single paragraph under “Smith Family in the Encyclopedia of Mormonism, which can be read online at ; seen August 1, 2008.


587 D&C 25:1, 132:51-54; Pearl of Great Price, Joseph Smith—History 1:57.


588 D&C 84:19; 128:11, 14. D&C sections 102 and 107 deal with the all-male governing councils of the church.


589 David F. Noble, A World Without Women: The Christian Clerical Culture of Western Science (New York and Oxford: Oxford University Press, 1993).


590 D&C 88:133.


591 New Testament, Philippians 2:5.


592 Book of Mormon, Alma ch. 5.


593 D&C 49:22a.


594 Book of Mormon, Alma 5:14.


595 Boyd K. Packer, “‘I Will Remember Your Sins No More’” (May 2006) Ensign 25.


596 Cecelia F. Klein (ed), Gender in Pre-Hispanic America (Washington, D.C., Dumbarton Oaks Research Library and Collection, 2001), is an exemplary study that problematizes the notion of “gender” and is of relevant interest in any discussion of Mormonism inasmuch as the Book of Mormon purports to be a record of pre-Hispanic American peoples.


597 There are many binaries in Mormon scripture. See, e.g., D&C 10:68 and New Testament, Matthew 12:30.


598 New Testament, 2 Timothy 2:23. Today we use the word “engender.”


599 “Onward Christian Soldiers” is #246 in the Mormon hymnal. See also hymn #259 “Hope of Israel” for the same military image. The image of the church militant is reified in Gordon B. Hinckley, “The War We Are Winning” (Nov. 1986) Ensign 42. See also Bradd C. Hayes, “Religion and Metaphor of War” (1998) 10(4) Peace Review 583, is a Mormon argument by a Mormon author.


600 Old Testament, Exodus ch. 15.


601 New Testament, 1 Peter 2:9. This is consistent with the extensive lore surrounding the Mormon “Da Vinci Code” and “holy grail” priesthood lineage. See, e.g., Vern Grosvenor Swanson, Dynasty of the Holy Grail: Mormonism’s Sacred Bloodline (Springville, Utah: Cedar Fort, Inc., 2006). The notion that “Jesus was married” and that the sacred bloodline was manifest in the first generation of Mormon male general authorities was taught in the early days of Mormonism. Morris “Assailed” footnote 563 and accompanying text. The key Mormon text is probably D&C 86:8-11. For a collection of the relevant Mormon statements using the specifically sexual and patriarchal images under consideration here, see Cky J. Carrigan, “Did Jesus Christ Marry and Father Children? A Survey of Mormon Teachings on the Marital and Parental Status of the Son of God,” online at ; seen November 22, 2007 (the “sexual function” and “natural fatherhood” of Jesus, as well as the persecution and crucifixion which he suffered, were all functions of his polygamy).


602 Old Testament, Genesis 2:24; D&C 49:16.


603 Versions of the script, which differ slightly from the film, may be read at and at www.dailyscript.com/scripts/philadelphia.html; emphasis added.


604 Susan Sontag, Illness as Metaphor and AIDS and Its Metaphors (London: Penguin, 2002).


605 Old Testament, Genesis 17:10-27.


606 Flake p. 60.


607 Flake p. 82.


608 Mark Twain, Roughing It (New York: Oxford University Press, American Publishing Co., 1996 [1872]), p. 108; cited and discussed in Flake p. 28.


609 http://edition.cnn.com/CNN/Programs/crossfire


610 Andrew Sullivan, “What You Do: Buchanan’s Sexual Double Standard”, (March 18, 1996) 214(12) The New Republic 6; this text may also be read online at ; seen January 24, 2006.


611 Book of Mormon, Jacob 2:10, 15; D&C 121:4.


612 Book of Mormon, Helaman 5:30; 3 Nephi 11:3; emphasis added .


613 New Testament, Hebrews 4:12; emphasis added.


614 ElRay L. Christiansen, “Some Things You Need To Know About the Temple” (Jan. 1972) Ensign 64.


615 Presumably because it "bears witness" to virility (cf. Greek parastates, literally “one that stands by”; and French slang témoins, literally “witnesses”. Others think that the Greek parastatai “testicles” may have been wrongly associated with the legal sense of parastates “supporter, defender”and that parastatai means “supporting pillars, props of a mast.” In any of these cases, the sexual images remain.


616 Old Testament, Genesis 24:2, 9; 47:29


617 Old Testament, Deuteronomy 23:1.


618 Book of Mormon, 1 Nephi 4:37.


619 D&C 92:2.


620 D&C “Official Declaration-2”


621 Variora texts of the endowment and related information may be read online at ; seen August 25, 2008.


622 Emphasis added; many sources quote this passage; one which assembles the references and related materials is ; seen December 12, 2005. This may be seen as an expression of Mormon white supremacy. The central article on this topic is Lester E. Bush, Jr., “Mormonism’s Negro Doctrine: An Historical Overview” (1973) 8(1) Dialogue: A Journal of Mormon Thought 11, with articles by commentators following, all of which may be read online at ; seen November 30, 2005. Connell O’Donovan, “‘I Would Confine Them to Their Own Species’: LDS Historical Rhetoric & Praxis Regarding Marriage Between Whites and Blacks,” March 28, 2009, paper presented at Sunstone West Symposium, available online at , seen April 3, 2009, draws the parallels between modern Mormon rhetoric about same-sex marriage and its earlier Negro doctrine.


623 D&C 1:21.


624 William J. Critchlow, Jr., “Women and the Priesthood,” (Dec. 1965) Improvement Era 1119, 1120. More on this statement in context may be read online at ; seen November 30, 2005.


625 Critchlow, id. at p. 1120.


626 D&C “Official Declaration-2”.


627 Critchlow, id. at p. 1120.


628 The story is recounted in many places, but see primarily in the writings of Joseph F. Smith’s autobiography, “Recollections,” published in the church’s official organ, (March-June 1871) 6(1-4) The Juvenile Instructor 37, 87, 91, 98–99. A summary of this may be read online at ; seen January 12, 2006. Joseph F. Smith (1813-1918) was Mary Fielding Smith’s son and hence a nephew of Joseph Smith. He was the sixth president of the church and the author of what is now D&C sec. 138. A short biography may be read online at ; seen January 12, 2006.


629 New Testament, James 5:14; Book of Mormon, 3 Nephi 17:7.


630 Boyd K. Packer, “To Young Men Only,” (Oct. 2, 1976); emphasis added.


631 Book of Mormon, 2 Nephi 1:21.


632 Stewart and Duncan “Betrayal” at pp. 564-65.


633 Thus making them not “like unto” each other. D&C 59:6.


634 In the 1945 New York bigamy case of Sodero v. Sodero, 56 NYS 2d 823 (1945), explained that the “natural law” had been codified in the Ten Commandments, and that by the “natural law, the unity of the matrimonial bond and its indissolubility and permanency are essential properties of conjugal society.” Id. at 827.


635 Carl E. Schneider, “The Channeling Function in Family Law” (1992) 20 Hofstra Law Review 495, 498; emphasis added.


636 Declaration of Independence: “…to assume among the powers of the earth the separate and equal station to which the Laws of Nature and of Nature’s God entitled them….”


637 Alfred Lord Tennyson, In Memoriam.


638 Information about the program may be seen online at ; seen July 19, 2008; emphasis added.


639 Thomas A. Metzger, A Cloud Across the Pacific: Essays on the Clash Between Chinese and Western Political Theories Today (Hong Kong: Chinese University Press, 2005), p. 297. As Metzger points out, it is the classic problem of inferring an “ought” from an “is.”


640 Hawaii House of Representatives Standing Committee Report, no. 11-94, RE:  HB 2312, 1994,

entitled "A Bill for An Act Relating To Marriage,” per Representative Terrance Tom, Chair of the House Committee on Judiciary.




641 Allen, “Presidency.”


642 Stewart and Duncan “Betrayal.”


643 See, e.g., Shirley E. Cox, “Same-Sex Attraction,” address given at the BYU Families Under Firse Conference, October 3-4, 2005 (“for those who struggle with homosexual attraction”), which can be read online at ; see January 24, 2006. The entire array of topics considered within “families under fire” may be seen online at .


644 Kath Weston, Families We Choose: Lesbians, Gays, Kinship (New York: Columbia University Press, 1991), is a useful discussion of the adaptability of “family.”


645 Old Testament, Genesis 2:19-23; Pearl of Great Price, Moses 3:19-23, Abraham 5:20-21.


646 Old Testament, Genesis 4:17; Pearl of Great Price, Moses 5:1-2, 28.


647 New Testament, Romans 1:27.


648 Book of Mormon, 2 Nephi 27:32, quoting Old Testament, Isaiah 29:21.


649 Boyd K. Packer, “Counsel to Young Men” which may be read online at ; seen April 30, 2009.


650 Old Testament, Genesis ch. 4 passim; Pearl of Great Price, Moses chs. 5 and 6 passim.


651 William Faulkner, “The Writer’s Duty,” Nobel Prize Acceptance Speech, Stockholm, Sweden (1949), the text of which may be read in Ottar G. Draugsvold (ed), Nobel Writers on Writing (London: McFarland & Co., 2000), pp. 55-56.


652 As elegantly combined in the felicitous title of Adrienne Rich, “Compulsory Heterosexuality and Lesbian Existence” in Catherine R. Stimpson and Ethel Spector Person, Women: Sex and Sexuality (Chicago: University of Chicago Press,1980), pp. 62-91.


653 New Testament, Romans 10:17; 1 Corinthians 12:9; Ephesians 2:8.


654 New Testament, Romans 4:16; D&C 84:99.


655 New Testament, I Corinthians 12:4-12; Book of Mormon, Moroni 10:8-18.


656 D&C 46.


657 Book of Mormon, Moroni ch. 10 passim.


658 D&C 8:10.


659 D&C 27:17.


660 Pearl of Great Price, Articles of Faith, Article 4.


661 New Testament, Galatians 6:10; D&C 121:45; Old Testament, Ruth 1:16.


662 Pearl of Great Price, Moses 4:1.


663 The discussion at expands upon these points.


664 D&C 121:33-46; emphasis added. See extensive commentary on this passage in B. H. Roberts, New Witnesses for God (Salt Lake City: Deseret News, vol 1, 1909), pp. 353 passim.


665 Peter D'Errico, “The Law is Terror Put Into Words” (1975) 2 Learning and the Law 39. See also Rosemary Hunter, “Law’s (Masculine) Violence: Reshaping Jurisprudence” (2006) 17 Law and Critique 27 (noting the production of conformity and acquiescence at the behest of heterosexual male privilege)..


666 King Richard II, Act V, scene 1.


667 D&C 101:78.


668 Pearl of Great Price, Moses 4:1.


669 New Testament, Luke 14:23; emphasis added.


670 Boyd K. Packer, “Talk to the All-Church Coordinating Council,” May 18, 1993, which may be read online at ; seen July 15, 2005; emphasis added; hereafter Packer “All-Church.” In this same speech, Packer states that gays and lesbians, feminists, scholars, and working mothers are threats or “dangers” to the church. As noted earlier, Packer’s background was as a bomber pilot in World War II. Harold B. Lee would later become president of the church.


671 Packer, id; emphasis added. He later refers to those within the gay-lesbian movement as having “gender disorientation.” The word “orient” and its cognates do not appear in the scriptures. This may be a suggested reference to Leviticus 18:22-23 which appear to refer to sodomy and bestiality as “abomination” and “confusion,” or it may be an intentional pun on “sexual orientation.”


672 Packer lists the “threats” seriatim, but sexism and homophobia, individually and as movements themselves, have a long and intertwined history. Among the first authors to write about this nexus were Susan Estrich and Virginia Kerr, “Sexual Justice,” in Norman Dorsen (ed), Our Endangered Rights: The ACLU Report on Civil Liberties Today (New York: Pantheon Books, 1984), pp. 98-133.


673 Susan Estrich and Virginia Kerr, “Sexual Justice” in Norman Dorsen, ed. Our Endangered Rights: The ACLU Report on Civil Liberties Today (New York: Pantheon Books, 1984), pp. 98-133.


674 Boyd K. Packer, “The Mantle Is Far, Far Greater Than the Intellect” (1981) 21(3) Brigham Young University Studies 259, 262-271; may be read online at ; seen December 3, 2009. The “mantle” of the title refers to the mantle of the prophet that signifies his office and calling. Old Testament, 2 Kings 2:8-14.

675 Ibid.


676 It appears that Joseph Smith and/or his associates coined the word "theodemocratic" to describe ideal institutions, (April 15, 1844) 5 Times & Seasons 510, and that he ran for the presidency of the US on the “theodemocratic ticket” in 1844. The term, however, did not become commonplace within the church.


677 D&C 123:7.


678 Ibid.


679 Pearl of Great Price, Joseph Smith History 1:19; emphasis added; compare Old Testament, Isaiah 29:10-14; New Testament, 2 Timothy 3:1-7.


680 Book of Mormon, 1 Nephi 14:10.


681 D&C 123:7.


682 D&C 1:30. This, however, must be read in conjunction with D&C 49:8—there are “holy men that ye know not of.”


683 In re Marriage Cases, 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384] (2008),


684 See the article, “California and Same-Sex Marriage” on the church’s Web page at .


685 One such coalition of which the Mormon church is a member is the Religious Coalition for Marriage, ; seen November 14, 2006. Presumably, the coalition is composed at least of California Catholic Conference, National Association of Evangelicals, the Union of Othodox Jewish Congregations of America, and others who filed or joined with the church in amicus curiae (friend of the court) briefs before the California Supreme Court. See lists of the amici at ; seen August 25, 2008.


686 Allen, “Presidency.”


687 Russell M. Nelson, “Freedom To Do and To Be,” address given on May 27, 2004, to the International Scientific and Practical Conference, “Religious Freedom: Transition and Globalization,” at Kiev, Ukraine; emphasis added. The speech is listed officially on the church’s Web page under the heading, “Voice of the Church,” and may be read online at ; seen May 21, 2007.


688 William J. Critchlow, Jr., “Women and the Priesthood,” (Dec. 1965) Improvement Era 1119, 1120; emphasis added.


689 Old Testament, Ezekiel 42:20.


690 D&C 93:33-34.


691 D&C 132:17.


692 D&C 135:3.


693 New Testament, Luke 16:26.


694 New Testament, Matthew 25:32.


695 New Testament, Romans 8:35, 39.


696 New Testament, 2 Corinthians 6:17.


697 New Testament, Luke 16:26; bracketed notations added.


698 Moses Thatcher, Discourse, Journal of Discourses 26:331 (Oct. 8, 1885).


699 George Q. Cannon, Discourse, Journal of Discourses 26:241, 250-51 (Oct. 18, 1884). The parable of the wheat and tares is found in New Testament, Matthew 13:25-30, and more forcibly in D&C 86:1-7 (“the tares choke the wheat and drive the church into the wilderness”) and 101:65.


700 Old Testament, Ezekiel 42:20.


701 Lorenzo Snow, Discourse, Journal of Discourses 26:364, 365 (Jan. 10, 1886); emphasis added. Snow later became the fifth president of the church. The names, dates of service, and portraits of all the Mormon presidents may be viewed online at ; seen December 3, 2009.


702 Ibid. at 367.


703 D&C “Official Declaration—1”; discussed and analyzed at length in Robert J. Morris, “Both ‘New’ and ‘Everlasting’: Law and Religion in the Creation of Neo-Mormon Doctrine on (Homo)sexuality” (2005) 6 Rutgers Journal of Law & Religion (PDF), which may be read online at .


704 Samuel D. Warren and Louis D. Brandeis, “The Right to Privacy” (1890) 4(5) Harvard Law Review 193.


705 Journal of Discourses 2:92 (Brigham Young; 6 Feb. 1853); see also Journal of Discourses 3:152 (Amasa Lyman; 2 Dec. 1855) and Journal of Discourses 5:292 (Brigham Young; 4 Oct. 1857). The origins of the Motto or Creed in pre-Utah days are discussed in Richard Lloyd Anderson, Joseph Smith’s New England Heritage: Influences of Grandfathers Solomon Mack and Asael Smith (Salt Lake City: Deseret Book and Provo, Utah: BYU Press, rev. ed. 2003), pp. 131, 266 n. 176; hereafter Anderson Heritage.


706 Olmstead v. United States, 277 U.S. 438, 478 (1928),


707 D&C 76:112, emphasis added; see also D&C 29:29.


708 Plessy v. Ferguson, 163 US 537 (1896).


709 Charles W. Penrose, Discourse, Journal of Discourses 25:218-21 (July 26, 1884); emphasis added.


710 Moses Thatcher, Discourse, Journal of Discourses 25:113, 115 (April 4, 1884).

711 Stewart and Duncan “Betrayal” at p. 592.


712 John Boswell, Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century (Chicago: University of Chicago Press, 1980); and John Boswell, Same-Sex Unions in Premodern Europe (New York: Random House Vintage Books, 1995); hereafter Boswell Premodern. This brief discussion cannot capture the richness and complexity of Boswell’s works, which must be read entirely, but many reviews, monographs, debates, and discussions, both pro and con, of Boswell’s work are collected at ; seen January 23, 2006. For a specifically Mormon response contra, see Klaus J. Hansen, Book Review, “Quinnspeak,” published by the Foundation for Ancient Research and Mormon Studies (FARMS), which may be read online at ; seen January 23, 2006. One of the most thoughtful scholarly approaches to Boswell is Claudia Rapp, “Ritual Brotherhood in Byzantium” (1997) 52 Traditio 285-326. Rapp’s use of the term “fictive kinship” might suggest to the Mormon mind the early Mormon practice of “adoption” by temple ritual and Joseph Smith’s description of the “welding link” in D&C 128:18 passim, and of brotherhood in D&C 88:133-35. See also Brent Shaw, “Ritual Brotherhood in Roman and Post Roman Societies” (1997) 52 Traditio 327-55; and Elizabeth Brown, “Ritual Brotherhood in Western Medieval Europe” (1997) 52 Traditio 357-82.


713 Boswell Premodern at p. 9.


714 See, as but one example, Gordon B. Hinckley, “What God Hath Joined Together” (May 1991) Ensign 71. However, “there does not appear to be any conceptual word for the institute of marriage in the [Old Testament] Bible.” Claire Gottlieb, “Varieties of Marriage in the Bible and Their Analogues in the Ancient World,” PhD diss., New York University (1989), cited and discussed in Boswell, id. at p. 124.


715 Boswell, id. at pp. 162-217 (chs. 5, 6).


716 Id. at p. 199. Compare Philip Lyndon Reynolds, Marriage in the Western Church: The Christianization of Marriage During the Patristic and Early Medieval Periods (Leiden: Brill, 1994).


717 D&C 49:16-21.


718 D&C Official Declaration-I. Kathleen Flake, The Politics of American Religious Identity: The Seating of Senator Reed Smoot, Mormon Apostle (Chapel Hill: University of North Carolina Press, 2004), provides an extensive history of these flip-flops and ironies, including the anti-polygamy push for a constitutional amendment to define marriage as one-man-one-woman. The notion that Mormon polygamy was an exercise in eugenics may be read in Linda Walker, “Fatal Inheritance: Mormon Eugenics” online at ; seen February 23, 2008.


719 Book of Mormon, 1 Nephi 14:10.


720 D&C 117:11; compare the image of “shrinking” in D&C 19:18.


721 Cited and discussed in Bill Moyers, Moyers on Democracy (New York: Doubleday, 2008), pp. 269 passim.


722 Spencer W. Kimball, “Civic Involvement,” march 31, 1978.


723 The Articles of Faith are found as an Appendix to the Pearl of Great Price.


724 Grant Gilmore, The Ages of American Law (New Haven and London: Yale University Press, 1977), p. 111.


725 Book of Mormon, Moroni 7:24; emphasis added.


726 Book of Mormon, Alma 24:27; emphasis added.


727 Packer, “All-Church.”



728 See, e.g., New Testament, Romans chs. 3 and 7, and Galatians 3:10, among the many passages to this effect in Paul.


729 New Testament, 2 Timothy 4:3, Titus 1:9.


730 New Testament, 1 Corinthians 1:10-14.


731 110 Stat. 2419 (1996); 28 USC Section 1738C.


732 New Testament, 1 Corinthians 5:6-7, Galatians 5:9.


733 “How Firm a Foundation” (traditional Christian hymn); Mormon hymn #85.


734 New Testament, Ephesians 4:11-16.


735 D&C 26:2, 28:13.


736 D&C 101:78. Ronald Dworkin, Taking Rights Seriously (London: Duckworth, 2002), pp. 131-49 and 240-58, takes up this issue in his fifth chapter, “Constitutional Cases,” and his tenth chapter, “Liberty and Moralism.”


737 Book of Mormon, 2 Nephi 13-14, 26.


738 Packer, “All-Church.”


739 Marvin S. Hill, Quest for Refuge: The Mormon Flight from American Pluralism (Salt Lake City: Signature Books, 1989).


740 Stewart and Duncan “Betrayal” at p. 566.


741 Id. at p. 593.


742 Aviam Soifer, “On Being Overly Discrete and Insular: Involuntary Groups and the Anglo-American Judicial Tradition” in Yoram Dinstein and Mala Tabory (eds), The Protection of Minorities and Human Rights (Dordrecht: Martinus Nijhoff Publishers, 1992), pp. 233-76 (see esp. p. 259 n. 74 and accompanying text regarding Mormon polygamy).


743 On why such an establishment reduces pluralism, see Engel v. Vitale, 370 U.S. 421 (1962) (Black, J). See also, Clinton L. Rossiter, Seedtime of the Republic: The Origin of the American Tradition of Political Liberty (New York: Harcourt Brace, 1953).


744 Jurgen Habermas, “Between Facts and Norms: An Author’s Reflections” (1999) 76 Denver University Law Review 937, 938-39.


745 Id. at p. 937; see also generally “Habermas and the Centrality of Law” in Freeman Jurisprudence at pp. 693-97.


746 Pearl of Great Price, Moses 4:1; emphasis added; compare D&C 29:36.


747 B. H. Roberts, A Comprehensive History of the Church of Jesus Christ of Latter-day Saints: Century I (Salt Lake City: Deseret News Press, vol 1, 1930), pp. 197-98 (ch 16 “The Organization of the Church”); emphasis added. Roberts’s History was published by the church and copyrighted for the church by Heber J. Grant, then president of the church. Hence, it was and is an official publication of the church, and a fortiori the statements contained in it are likewise official. Roberts gives the source of the internal quotations as Baring-Gould, Origin of Religious Beliefs. Comparable statements may be found in B. H. Roberts, New Witnesses for God (Salt Lake City: Deseret News Press, vol 1, 1920), pp. 353 passim. His ideas on “religious tests” may be read in B. H. Roberts, “The Democratic Platform and Ideals: Address Delivered by B. H. Roberts, at the Democratic Convention, held in Provo[, Utah], October 8, 1892” in 3 Collected Discourses 1886-1898. Roberts (1857-1933) was a Mormon general authority, politician, historian, and writer.


748 For a discussion of this notion that compiles the scholarly sources, see Edward Andrew, Shylock’s Rights: A Grammar of Lockian Claims (London: University of Toronto Press, 1988), pp. 25-50-55, 69. The reference is to the forced conversion to Christianity of the Jew Shylock at the hands of the law (“He [shall] presently become a Christian.”) in Shakespeare’s The Merchant of Venice.


749 New Testament, Luke 14:23. The enforcement included a mandatory dress standard, the punishment for the violation of which which was eternal damnation (“outer darkness”). Matthew 22:11-13. Compare Book of Mormon, Alma 40:13; D&C 101:91 and 133:73, in which Joseph Smith substantially altered the grounds upon which someone could be thus judged.


750 Aquinas, Summa Theologica, 2:2, Qu 10, Art. 8.


751 Merchant of Venice, Act I, sc 3, line 174; emphasis added.


752 Andrew id. at p. 31.


753 D&C 121:46.


754 D&C 58:26, 29.


755 New Testament, Matthew 5:13, 13:33; Book of Mormon, 3 Nephi 12:13.


756 Old Testament, Ezekiel 42:20.


757 New Testament, Ephesians 4:4-13; Book of Mormon, Mosiah 18:21.


758 Including the “right not to have to be private.” C. Edwin Baker, “Autonomy and Informational Privacy, or Gossip: The Central Meaning of the First Amendment” in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul (eds), Freedom of Speech (Cambridge: Cambridge University Press, 2004), pp. 215-68, at p. 257.


759 Old Testament, Ezekiel 42:14.


760 Old Testament, Ezekiel 42:15-20 records that the wall was a perfect square 500 reeds by 500 reeds.


761 Robert Bolt, A Man for All Seasons, A Play of Sir Thomas More (London: Methuen Drama, 1995), pp. 76-77 (Act 2, More to Norfolk).


762 United States v. Wong Kim Ark, 169 US 649, 907 (1898).


763 Isaiah Berlin, “Two Concepts of Liberty” in Isaiah Berlin, Four Essays on Liberty (New York: Oxford University Press, 1969), pp. 118, 131. This and Berlin’s companion essay, “John Stuart Mill and the Ends of Life,” id., pp. 173-206, should be required reading for all who wish to think clearly about the issues under consideration here.


764 Old Testament, 1 Samuel 15:22.


765 Berlin, id., p. 127.


766 Berlin, id., pp. 137-38.


767 John Stuart Mill, On Liberty, p. 148. Regarding this statement of Mill’s and some of its ramifications, see the review essay, Neal W. Kramer, “The Strength of the Mormon Position” (1997) (Provo, Utah: FARMS) at ; seen September 2, 2005; reviewing Terryl L. Givens, The Viper on the Hearth: Mormons, Myths, and the Construction of Heresy (New York: Oxford University Press, 1997).


768 See, e.g., John Heinerman and Anson Shupe, The Mormon Corporate Empire (Boston: Beacon Press, 1986).


769 A point noted in House “Tale” at footnote 26 and accompanying text.


770 Ronald J. Pestritto, Woodrow Wilson: The Essential Political Writings (Lanham, MD: Lexington Books, 2005), p. 108.


771 Phillips, American Theocracy, p. 147.


772 Id. at p. 217.


773 Andrew F. Ehat, “‘It Seems Like Heaven Began on Earth’: Joseph Smith and the Constitution of the Kingdom of God” (1980) 20(3) BYU Studies 262.


774 The address may be read at ; seen March 8, 2004. Compare Packer’s addresses, “Marriage,” (May 1981) Ensign 13, and “The Standard of Truth Has Been Erected” (Nov. 2003) Ensign 24, defending a single legal definition of marriage.


775 Robert J. Morris, “Assailed,” footnote 211 and accompanying text. For materials on the history and nature of the debates that have ensued, LDS Resources is a useful site: ; seen May 29, 2006.


776 Packer, “Giants” id. p. 7. Among those mentioned was James E. Faust, who is at present a counselor in the church’s first presidency and whose name appears on the 2004 “Statement.” See James E. Faust, “Serving the Lord and Resisting the Devil” (Sept. 1995) Ensign 2 (denouncing homosexuality). Another is Mormon apostle Dallin Oaks, whose article, “Are You Saved?” is cited earlier.


777 Morris, id., footnotes 88, 376, 474, 545, 546, 549, 593, and 594 and accompanying text.


778 Packer, id. p. 7.


779 Old Testament, Genesis chs. 18-19.


780 Book of Mormon, Mormon 4:5.


781 One of the “gifts of the spirit” mentioned earlier: D&C 46:23.


782 Packer, id.


783 See the discussion at Michael K. Young, “Legal Scholarship and Membership in the Church of Jesus Christ of Latter-day Saints: Have They Buried Both an Honest Man and a Law Professor in the Same Grave?” (2003) 2003 Brigham Young University Law Review 1069 (obligation of Mormon legal scholars and lawyers to be involved in issues of “social justice”).


784 Robert L. Bartley,William J. Bennett, Peter Merkowitz, Robert H. Bork, et al., Symposium, “Has the Supreme Court Gone Too Far?”, (Oct. 2003) Commentary 31-32; Morris, id. footnote 349 and accompanying text. Bork famously blames “activist judges” for the ills of society. See, e.g., Bork’s Coercing Virtue: The Worldwide Rule of Judges (Washington, DC: American Enterprise Institute Press, 2003). Bork (in)famously argued that the key to understanding the First Amendment (freedom of expression) was the system of government and not the text itself. Robert H. Bork, “Neutral Principles and Some First Amendment Problems” (1971) 47 Indiana Law Journal 1. See also Robert Lowry Clinton, God and Man in the Law: The Foundations of Anglo-American Constitutionalism (Lawrence, Kansas: University Press of Kansas, 1997).


785 Symposium, id.


786 Packer, id. p. 10; emphasis added.


787 Packer cites Book of Mormon, Alma 10:15-27, Helaman 7:5, Ether 8:23-26. I would add 3 Nephi chs. 1-5.


788 Gordon B. Hinckley, “The Times in Which We Live” (Nov. 2001) Ensign 72; emphasis added. The full text may be read online at ; seen May 24, 2006.


789 Packer, id. p. 10. Dean C. Jesse, “Joseph Smith’s 19 July 1840 Discourse” (1979) 19(3) BYU Studies 390.


790 Id.


791 D&C 105:5; emphasis added. “Celestial kingdom” in Mormon theology is the highest of several degrees of heaven or glory where God and Christ dwell. D&C 76:50-70, 92-96.


792 David L. Altheide, Creating Fear: News and the Construction of Crisis (New York: Aldine de Gruyter, 2002), is a good general study of the subject. Mormon scripture denouncing fear include the following: Old Testament, Psalm 56:11; New Testament, Luke 12:32; Book of Mormon, Moroni 8:16; D&C 6:34, 30:11, 35:27, and 122:9. Mormon Hymn #85, the well-known “How Firm a Foundation,” contains this verse 3:
Fear not, I am with thee;

Oh, be not dismayed,

For I am thy God

And will still give thee aid.

I’ll strengthen thee, help thee

And cause thee to stand,



Upheld by my righteous omnipotent hand.
The entire song, of all seven verses, is a message against fear based on the omnipotence and help of God, not the state.


793 New Testament, 2 Corinthians 10:3-4 (our warfare is not after the flesh); Ephesians 6:12-18.


794 Martin Luther’s hymn, “A Mighty Fortess Is Our God,” is #68 in the church hymnal.


795 Hoffer p. 162.


796 Morris, “Assailed” pp. 129, 192 n. 546 and accompanying text. So far as I have been able to discover, Packer has never withdrawn, renounced, or apologized for his statement, nor has the church, speaking officially through its president, done so.


797 Boyd K. Packer, “Talk to the All-Church Coordinating Council,” May 18, 1993, which may be read online at ; seen July 15, 2005; emphasis added; hereafter Packer “All-Church.”


798 Dallin H. Oaks, “Religious Freedom,” speech given at Brigham Young University-Idaho on October 13, 2009, which may be found online at ; seen October 12, 2009. Oaks is a former law professor, president of Brigham Young University (Provo, Utah), and justice of the Utah Supreme Court.


799 The reference is probably to the Battle of Wavre of 1815, which contributed to the Prussian victory at Waterloo.


800 New Testament, Matthew 10:34-36.


801 Jon Krakauer, Under the Banner of Heaven: A Story of Violent Faith (New York: Random House/Anchor Books, 2003), is a popular account of this reality. See also, e.g., Harold Schindler, Orrin Porter Rockwell: Man of God Son of Thunder (Salt Lake City: University of Utah Press, 1966); and Juanita Brooks, The Mountain Meadows Massacre (Norman, OK: University of Oklahoma Press, 1991). Flake p. 190 n. 6 notes how the experience of violence affected Joseph F. Smith many years after the fact. These works are but a selective indication of a much larger topic on which many volumes have been published, much of which is beyond the scope of this study.


802 D&C 1:36; Old Testament, Isaiah 34:5-6..


803 All things are spiritual to God. D&C 29:34.


804 Hugh W. Nibley, “Beyond Politics” in Truman G. Madsen (ed), Nibley on the Timely and the Timeless: Classic Essays of Hugh W. Nibley (Provo, UT: Brigham Young University Religious Studies Center, 1978), pp. 279-305. The article may also be viewed at ; seen August 1, 2008.


805 Id. p. 281.


806 Id. p. 281.


807 Id. pp. 301-02.


808 Id. p. 288, original emphases.


809 Id. p. 285, citing James R. Clark (ed), Messages of the First Presidency (Salt Lake City: Bookcraft, vol 4, 1970), pp. 78-82. See also this message cited and discussed Russell Arben Fox, “Party Spirit” 11/6 (2006) Times and Seasons online at ; seen August 2, 2008; and in the official lesson entitled, “Liberty Through Obedience,” also online at ; seen August 2, 2008.


810 Boyd K. Packer, “For Time and All Eternity” (Nov. 1993) Ensign 21.


811 Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (May 5, 1993).


812 J. Reuben Clark, Jr., “Our Wives and Our Mothers in the Eternal Plan” in David H. Yarn, Jr. (ed), J. Reuben Clark: Selected Papers on Religion, Education, and Youth (Provo, UT: Brigham Young University Press, 1984), p. 62. Clark, as noted earlier, was a lawyer who had no special expertise in the natural sciences—genetics, heredity, medicine, etc. He was the first modern Mormon general authority to make an official statement against homosexuality. See my discussion of Clark in Morris “Assailed,” footnote 211 and accompanying text, where I wrote: “For the full text, see ‘Pres. Clark at Relief Society, Mission of LDS Mothers Extolled,’ Salt Lake City Deseret News, Oct. 4, 1952 at 3. The odd point of a male Priesthood authority addressing a conference of women [the church’s Relief Society] on homosexuality is not to be ignored.”


813 Clark, id., pp. 61-62.


814 Old Testament, Psalm 139:14.


815 Old Testament, Ecclesiastes 11:5.


816 The classic study of this phenomenon is Marjorie Hope Nicholson, Mountain Gloom and Mountain Glory: The Development of the Aesthetics of the Infinite (Ithaca, NY: Cornell University Press, 1959). See also Ayn Rand, Anthem (New York: Signet, 1961); Carl Sagan, The Demon-Haunted World: Science As a Candle in the Dark (New York: Random House, 1995); and D. Michael Quinn, Early Mormonism and the Magic World View (Salt Lake City: Signature Books, rev ed, 1998).


817 New Testament, 2 Corinthians 5:17 and Galatians 6:15.


818 Joseph Smith often spoke of himself as a “rough stone” thus:
“I am like a huge, rough stone rolling down from a high mountain; and the only polishing I get is when some corner gets rubbed off by coming in contact with something else, striking with accelerated force against religious bigotry, priestcraft, lawyer-craft, doctor-craft, lying editors, suborned judges and jurors, and the authority of perjured executives, backed by mobs, blasphemers, licentious and corrupt men and women--all hell knocking off a corner here and a corner there. Thus I will become a smooth and polished shaft in the quiver of the Almighty, who will give me dominion over all and every one of them, when their refuge of lies shall fail, and their hiding place shall be destroyed, while these smooth-polished stones with which I come in contact become marred.”
Joseph Fielding Smith (ed/comp), Teachings of the Prophet Joseph Smith, (Salt Lake City: Deseret Book, 1938), p. 304. See the biography: Richard Lyman Bushman, Joseph Smith: Rough Stone Rolling (New York: Knopf, 2005), a review of which may be read online at ; seen August 25, 2005.


819 Book of Mormon, Ether 12:27-28; emphasis added. See also Book of Mormon, Jacob 4:7.


820 New Testament, John 9:1-3.


821 Old Testament, Ecclesiastes 11:5; emphasis added.


822 Packer, id.; emphasis added.


823 Wilford Woodruff, Discourse, Journal of Discourses 22:341, 342 (October 23, 1881); all ellipses, italics, and brackets in this quoted portion are Packer’s.


824 This is the subject of Morris “Law and Religion.”


825 The Manifesto, which today is included as Official Declaration-I of the D&C, only mentioned the “practice of polygamy”; it did not purport to repeal D&C 132, i.e., the doctrine of polygamy, which is still included in full in every edition of the D&C. Official Declaration-I also includes statements by Woodruff establishing for the first time the doctrine of the infallibility of church leaders.


826 Reynolds v. United States, 98 US 145 (1878) (First Amendment does not protect practice of polygamy in the name of religion). Dallin H. Oaks, Religious Freedom and the Supreme Court (Washington, DC: Ethics and Public Policy Center, 1981), p. 123, fears a modern return to the Reynolds distinction between belief and practice. See Morris “Law and Religion” for numerous citations to the pre-Manifesto statements of Woodruff and other Mormon authorities on the eternal and indestructible nature of polygamy. The Court quoted Jefferson as follows:
“Believing with you that religion is a matter which lies solely between a man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the government reach actions only, and not opinions—I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion or prohibiting the free exercise thereof,’ thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore man to all his natural rights, convinced that he has no natural right in opposition to his social duties.”
98 US 164; emphasis added. Phillip E. Hammond, David W. Machacek, and Eric Michael Mazur, Religion on Trial: How Supreme Court Trends Threaten the Freedom of Conscience in America (Walnut Creek: AltaMira Press, 2004), places Reynolds and other key cases in a larger historical context.


827 It is significant that Jefferson was one of the “founding fathers” and signers of the Declaration of Independence for whom presumably Mormon church president Wilford Woodruff performed baptism for the dead and other ordinances in the St. George, Utah, Mormon temple, long after the Reynolds decision; see, e.g., remarks by Ezra Taft Benson, president of the Mormon church, online at ; seen June 30, 2005.



828 Woodruff, id.


829 D&C Official Declaration-I, para. 4; emphasis added.


830 On the history of these matters, see Philip Hamburger, Separation of Church and State (Cambridge: Harvard University Press, 2002); H. Frank Way, “The Death of the Christian Nation: The Judiciary and Church-State Relations” (1987) 29 Journal of Church and State 509.


831 Banner “Christianity” p. 54.


832 Joseph J. Ellis, American Creation: Triumphs and Tragedies at the Founding of the Republic (New York: Knopf, 2007), p. 8. Ellis’s Chapter 3 (“The Argument”), pp. 87-126, is particularly relevant to the present discussion.


833 Ezra Taft Benson, “The Constitution—A Glorious Standard” (Sept. 1987) Ensign 6; emphasis added; the text, which contains many other similar references, may be read online at ; seen July 9, 2007.


834 Andrew A. Bipscomb and Albert Ellery Bergh, eds. The Writings of Thomas Jefferson (Washington, DC: Thomas Jefferson Memorial Association, 1905), 16:281. All quotations from the Danbury letter that follow are from this source.


835 Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803).


836 Quoted in Thomas E. Buckley, “Reflections on a Wall” (1999) 56(4) William and Mary Quarterly (3rd Series), p. 795 (“Jefferson valued precision in word and experession” (p. 797)).


837 Robert J. Morris, Comment: “The ‘Replacement’ Chief Executive’s Two-Year Term: A Pure and Unambiguous Common Law Analysis” (2005) 35(1) Hong Kong Law Journal 17.


838 Joseph Smith, Teachings of the Prophet Joseph Smith, Joseph Fielding Smith (ed) (Salt Lake City: Deseret Book, 1938), p. 264).

839 New Testament, 2 Peter 3:16; Book of Mormon, Alma 13:20 and 41:1; D&C 10:63.


840 Compare the decision of the Hawaii Supreme Court in the same-sex marriage case of Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993), in which the court acknowledged the application of the Equal Rights Amendment (ERA) provision of the Hawaii Constitution, Article I, Section 21, forbidding discrimination based on sex, but then decided the case on other grounds.


841 New Testament, 1 Timothy 6:12, 2 Timothy 4:7.


842 Claude J. Burtenshaw, “One Nation Under Whose God? How Religion Was Excluded from the U.S. Political System” (1997) 30(3) Dialogue: A Journal of Mormon Thought 69, 78; emphasis added.


843 Ibid. at 79; emphasis added.


844 New Testament, John 18:36.


845 Book of Mormon, 1 Nephi 14:12; emphasis added.


846 Book of Mormon, Alma 31:5.


847 Old Testament, 1 Kings 19:12.


848 Book of Mormon, Alma 31:5; emphasis added.


849 Joseph Smith, Teachings of the Prophet Joseph Smith, Joseph Fielding Smith (ed) (Salt Lake City: Deseret Book, 1938), p. 149. See also the commentary on this statement by Hugh Nibley at .


850 October 24, 1787; quoted in Bradley “Machine” p. 704. Other relevant writings of Jefferson are reproduced in Dunn Surprise at pp. 261-348, including especially his letter to Dr. Benjamin Rush, dated April 21, 1803, and his letter to John Adams, dated October 28, 1813, both on the separation of church and state.


851 Old Testament, Genesis ch. 30 et seq.; see the summary and collected references at ; D&C 3:9 and the summary and collected references at .


852 See, e.g., Thomas Mann’s magnificent multi-volume Joseph and His Brothers [Joseph und Seine Brüder], H. T. Lowe-Porter trans (New York: Alfred A. Knopf, 4 vols, 1938-46).


853 Journal of Discourses 2:268-69.


854 See the summary and collected references at .


855 Old Testament, Genesis 50:25, Exodus 13:19, Joshua 24:32; New Testament, Hebrews 11:22.


856 Pearl of Great Price, Abraham 1:26.


857 Orson F. Whitney, Life of Heber C. Kimball (Salt Lake City: Bookcraft, 1967), pp. 449-450; emphasis added. A collection of additional statements about “borrowed light” may be read online at ; seen July 10, 2005.


858 Pearl of Great Price, Abraham Facsimile no. 2, Fig. 5.


859 Pearl of Great Price, Abraham 3:3-16.


860 D&C 29:36; Pearl of Great Price, Moses 4:1.


861 See generally Morris “Assailed”.


862 D&C 10:28.


863 Pearl of Great Price, Abraham 2:21-25; see also Old Testament, Genesis ch. 20.


864 Old Testament, Genesis 24:2-9.


865 Old Testament, Genesis ch. 22; Book of Mormon, Jacob 4:5; D&C 132:50.


866 Id.


867 D&C 84:33-34; New Testament, Galatians 3:27-29.


868 Swancara Obstruction at p. 38.


869 Kitzmiller, id. at p. 137.


870 James M. Donovan, “Rock-Salting the Slippery Slope: Why Same-Sex Marriage Is not a Commitment to Polygamous Marriage” (2002) 29 Northern Kentucky University Law Review 521, deals somewhat with this nexus. See also Jeremiah H. Russell, “The Religious Liberty Argument for Same-Sex Marriage and Its Effect upon Legal Recognition” (2006) 7(1.4) Rutgers Journal of Law and Religion, online at ; seen December 4, 2006.


871 Book of Mormon, Alma chs. 1-4 (esp. 1:19 and 4:10).


872 Book of Mormon, Alma 45:16; D&C 1:31.


873 New Testament, 1 Peter 2:9.


874 New Testament, Matthew 23:23.


875 See information and publications at .


876 Grant Gilmore,The Ages of American Law (New Haven and London: Yale University Press, 1977), p. 111.


877 New Testament, John 14:30; D&C 127:11.


878 Relevant source materials, references, and quotations may be found in “The Mosaic Law – Stage 5” at ; seen June 23, 2005; the source is non-Mormon and perhaps anti-Mormon.


879 See the story of the “kingmen” in Book of Mormon, Alma ch. 51.


880 New Testament, Matthew 13:33.


881 Book of Mormon, Alma 5:57.


882 D&C 58:22.


883 Book of Mormon, Alma ch. 4.


884 Journal of Discourses 15:17-18 (April 28, 1872); emphasis added.


885 Chatwin v. United States, 326 US 455 (1946) (noting the law against Mormon “celestial marriage”); and Cleveland v. United States, 329 US 14 (polygamy a violation of Mann Act). See also “‘A Painfully Interesting Problem’: The Case of the Mormons” in Carol Weisbrod, The Boundaries of Utopia (New York: Pantheon Books, 1980), pp. 16-33; Carol Weisbrod, “Family, Church, and State: An Essay on Constitutionalism and Religious Authority” (1987-88) 26(4) Journal of Family Law 26; Carol Weisbrod, “The Law and Reconstituted Christianity: The Case of the Mormons” in John McLaren and Harold Coward (eds), Religious Conscience, the State, and the Law: Historical Contexts and Contemporary Significance (Albany: State University of New York Press, 1999), pp. 136-153; and Carol Weisbrod, Emblems of Pluralism: Cultural Differences and the State (Princeton: Princeton University Press, 2002); chapter 3 “An Imperium in Imperio: The Mormon Empire and Later Developments” is particularly useful for the references it collects.


886 Statman “Feelings” at p. 213.


887 Boyd K. Packer, “The Only True Church” (Nov. 1985) Ensign 80; emphasis added.


888 “Transparency” is, of course, a modern term, but the image is scriptural. See, e.g., D&C 1:3; Book of Mormon, 2 Nephi 27:11, Mormon 5:8.


889 D&C 105:5,


890 Packer, id. p. 10.


891 A theme that is the burden of much of the discussion in Al Gore, The Assault on Reason (New York: Penguin Press, 2007). See also James A. Gardner, “Democracy Without a Net? Separation of Powers and the Idea of Self-Sustaining Constitutional Constraints on Undemocratic Behavior” (2005) 79 St. John’s Law Review 293 (Madison’s “auxiliary precautions” cannot depend upon political actors voluntarily complying with constitutional constraints when their very strategy is to evade such constraints).


892 Thomas Jefferson, “Letter to Dr. Benjamin Rush and Syllabus of an Estimate of the Merit of the Doctrines of Jesus Compared with Those of Others” (April 21, 1803) in Henry S. Randall, The Life of Thomas Jefferson (New York: Derby and Jackson, 1858), 3:556-558.


893 New Testament, Matthew 12:30; Luke 11:23; emphasis added.


894 New Testament, Ephesians 4:11-14; Book of Mormon, Mosiah 18:21.


895 D&C 121:46.


896 New Testament, Romans 14:11; Book of Mormon, Mosiah 27:31; D&C 76:110 and 88:104.


897 New Testament, Ephesians 4:12.


898 John Adams, quoted in John R. Howe, Jr., ed. The Changing Political Thought of John Adams (Princeton: Princeton University Press, 1966), p. 185.


899 New Testament, Mark 2:27.


900 Alexander Meiklejohn, “The First Amendment Is an Absolute” (1961) Supreme Court Review 245, 263.


901 Book of Mormon, Alma 4:10.


902 Gregory Bateson, Steps to an Ecology of Mind (Chicago: University of Chicago Press, 2000), p. 68. I am grateful for Deborah Tannen, The Argument Culture: Stopping America’s War of Words (New York: Ballantine Books, 1998), pp. 53, 64, 165, for introducing me to Bateson’s ideas, which she reifies in the context of social commentary and politics.


903 Book of Mormon, Helaman 6:1.


904 Book of Mormon, Alma 43:11; Book of Ether.


905 Book of Mormon, 3 Nephi ch. 7.


906 Book of Mormon, Mormon 2:14.


907 Book of Mormon, Fourth Nephi.


908 Old Testament, Exodus 21:24.


909 New Testament, Matthew 5:38; Book of Mormon, 3 Nephi 12:38.


910 Gaillard Hunt (ed), Forty Years of Washington Society: Portrayed by the Family Letters of Mrs. Samuel Harrison Smith (Margaret Bayard) from the Collection of her Grandson J. Henley Smith (London: T. Fisher Unwin, 1906), p. 310, cited and discussed in Jon Meacham, American Lion: Andrew Jackson in the White House (New York: Random House, 2008), p. 128.


911 New Testament, Matthre 12:43-45.


912 Paul Edwards, “Professor Tillich’s Confusions” (1965) 74 Mind 192, 206-08.


913 See, e.g., M. Russell Ballard, “Let Our Voices Be Heard” (Nov. 2003) Ensign 16.


914 See, e.g., “The Mormon Ethic of Civility” which may be read online at ; seen November 3, 2009.


915 Shakespeare, Julius Caesar, line 270, scene 1, Act III.


916 Robert Ardrey, The Territorial Imperative: A Personal Inquiry into the Animal Origins of Property and Nations (New York: Ateneum, 1966), pp. 179-83, describes a similar type of societal action among the tribes of callicebus monkeys of Colombia.


917 Dallin H. Oaks, “Religious Freedom,” speech given at Brigham Young University-Idaho on October 13, 2009, which may be found online at ; seen October 12, 2009.


918 M. Russell Ballard, “Let Our Voices Be Heard” (Nov. 2003) Ensign 16.


919 New Testament, Matthew 5:39; Book of Mormon, 3 Nephi 12:39.


920 New Testament, Matthew 5:9; Book of Mormon, 3 Nephi 12:9.


921 New Testament, 2 Corinthians 10:4, Ephesians 6:12.


922 Hugh W. Nibley, “Beyond Politics” in Truman G. Madsen (ed), Nibley on the Timely and the Timeless: Classic Essays of Hugh W. Nibley (Provo, UT: Brigham Young University Religious Studies Center, 1978), pp. 279-305. The article may also be viewed at ; seen August 1, 2008.


923 Id. p. 281.


924 Id. p. 281.


925 John Taylor, JD 25:311 (Oct. 6-7, 1884), emphases added.


926 Reed Cowan and Steven Greenstreet, 8: The Mormon Proposition, documentary produced by Red Flag Releasing/David v. Goliath Films (2010).


927 Flake p. 137; emphasis added.


928 Federalist No. 10. For a critical discussion of Madison’s sources for these ideas, see Theodore Draper, “Hume & Madison: The Secrets of Federalist Paper No. 10” (1982) 58(2) Encounter 34.


929 Hudson County Water Co. v. McCarter, 209 US 349, 355 (1908); emphasis added.


930 New Testament, Mark ch. 6, Matt. ch. 14.


931 Kramnick (ed), Editor’s Introduction, Federalist pp. 58-60 66, 82.


932 Citing, e.g., Hernandes v. Robles, 855 N.E.2d 1, 7 (N.Y. 2008) (emphasis added): “Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like.” Amicus brief at pp. 42-43.


933 Amicus brief p. 44; original emphasis on word “civil”; all other emphasis added.


934 Amicus brief p. 10 passim.


935 “The Divine Institution of Marriage,” which may be read online at ; seen August 21, 2008. Special attention is called to the sources given in the article’s footnotes. See also the official statements of Joseph Smith on the “Eternity of the Marriage Covenant” in History of the Church 5:392-93, assimilated to polygamy and the temple endowment, which may be read online at ; seen August 1, 2008.


936 Richard Dawkins, The God Delusion (New York: Bantam Books, 2006), develops this thesis at length with many examples. Dallin H. Oaks, Religious Freedom and the Supreme Court (Washington, DC: Ethics and Public Policy Center, 1981), pp. 110-14 takes the same position.


937 Additional examples of what I mean by “contending rights” is the collision (and, hence, necessary compromise) between the tort of defamation and the First Amendment right of freedom of the press in New York Times v. Sullivan, 376 US 254 (1964), and the compromise of competing interests in abortion matters in Roe v. Wade, 410 US 113 (1973).


938 George Q. Cannon, “Influence of the Latter-day Saints—Their Mission—The Marriage Relation—Capital and Labor—Religious Liberty” (1879) Journal of Discourses 20:195.


939 See, e.g., New Testament, Matthew 5:22, 28, 32, 34, 39, 44; Book of Mormon, 3 Nephi 12:22, 28, 39, 44—to cite just a few of many examples.


940 References and definitions may be found under Study Helps on the church’s Web page at .


941 Adrienne Rich, What Is Found There: Notebooks on Poetry and Politics (New York: Norton, 1993), p. xv; hereafter Rich Found.


942 At least for the majority of Chistendom. Early Mormonism taught that he was married and that the founders of Mormonism were his blood descendants. Morris “Assailed” note 563 and accompanying text. The idea of a sexual, married, paternal Jesus offends many Christians, as witness the furor over that idea in Dan Brown’s recent Da Vinci Code and the motion picture based on it.


943 New Testament, Matthew 24:38. See also Pearl of Great Price, Moses 8:21 and Joseph Smith—Matthew 1:42.


944 Book of Mormon, Jacob 2:23-29; D&C 49:15-16.


945 Joseph Smith, quoted by John Taylor (third president of the church) in "The Organization of the Church," (November 15, 1851) 13(22) Millennial Star 339; James R. Clark (comp), Messages of the First Presidency of the Church of Jesus Christ of Latter-day Saints (Salt Lake City: Bookcraft, 6 vols, 1966–75), 3:54; also see Journal of Discourses 10:57–58).


946 Which may be read online at ; seen August 25, 2008; see also text of the endowment and supplementary materials in The Temple Book at ; seen May 21, 2009.


947 D&C 58:26, 29.


948 D&C 58:27-28.


949 D&C 88:35.


950 Amasa Lyman, “Salvation—Men Are Damned by Their Misdeeds—Truth—Comprehensiveness of ’Mormonism’” (Dec. 9, 1855) Journal of Discourses 3:164; emphasis added.


951 New Testament, Matthew 16:24, Mark 8:34, Luke 9:23.


952 Chai R. Feldblum, “Moral Conflict and Liberty: Gay Rights and Religion,” paper delivered at the Becket Fun for Religious Liberty (2005), online at ; seen June 23, 2009.


953 505 US 833, 851 (1992); cited in Feldblum ibid. at p. 23, 26-27 with additional citations.


954 Old Testament, Genesis 2:19-23; Pearl of Great Price, Moses 3:19-23, Abraham 5:20-21.


955 D&C 58:21.


956 Old Testament, 2 Chronicles 32:8; Book of Mormon, 2 Nephi 4:34; D&C 1:19.


957 James Yeames, Sir Gawain and the Green Knight: A Play (sc. III: Gawain to Dagonet); emphasis added. The Rev. James Yeames lived 1843-1931.


958 D&C 103:36.


959 D&C 10:47-52.


960 D&C 80:3.


961 Pearl of Great Price, Moses 1:32-35, 2:5.


962 D&C 58:27-28.


963 Hoffer p. 107.


964 William Shakespeare, The Merchant of Venice, Act IV, scene 1. See also the discussion in Edward Andrew, Shylock’s Rights, id.


965 Id.


966 D&C 78:14; emphasis added.


967 D&C 10:49, 52.


968 D&C 68:2-5.


969 New Testament, John 12:31, 14:30, 16:11; D&C 127:11.


970 Boyd K. Packer, “To the One,” Fireside address at Brigham Young University, March 5, 1978, in Brigham Young University, 1978 Devotional Speeches of the Year.


971 M. Russell Ballard, “Beware of False Prophets and False Teachers” (Nov. 1999) Ensign 62; emphasis added. Ballard is a Mormon apostle.


972 West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943). The church considers this to be a “just and holy” constitutional principle. Arvo Van Alstyne, “‘Just and Holy Principles’: An Examination of the U.S. Constitution” (Aug. 1987) Ensign 6. “Just and Holy Principles” is a reference to D&C 101:77. This difficulty addressed here is when government attempts to prescribe what shall be orthodox at the instance and goading of a particular church or religion.


973 Joseph Smith, History of the Church 5:498-99; emphasis added. This quotation is discussed in the context of free thought and “free agency” at .


974 Abrams v. United States, 250 U.S. 616, 630 (1919) (Holmes, J, dissenting).


975 Hugh Nibley, “What Is Zion? A Distant View” in Collected Works of Hugh Nibley (Salt Lake City: Deseret Book, vol 9 “Approaching Zion”, 1989), p. 55 (ch. 2); emphasis added. See similar thoughts in Hugh W. Nibley, “Priesthood” (Dec. 1990) Sunstone Magazine pp. 10-11.


976 Boyd K. Packer, “To Young Men Only” (Oct. 2, 1976).


977 Morris “Law and Religion” para. 130.


978 New Testament, James 1:3.


979 New Testament, Acts 3:21; Book of Mormon, 1Nephi 3:20; 2 Nephi 9:2; Mosiah 15:13; 3Nephi 1:13; D&C 27:6; D&C 86:10.


980 New Testament, 1 John 4:8, 16, 2 Corinthians.


981 Old Testament, Isaiah 9:6; Book of Mormon, 2 Nephi 19:6, Alma 13:18; Pearl of Great Price, Abraham 1:2.



982 New Testament, Matthew 10:34-36, quoting in part Old Testament, Micah 7:6.


983 New Testament, John 13:35; emphasis added. See also New Testament, 1 Thessalonians 3:12,16; Book of Mormon, Mosiah 18:21, Moroni 9:5.


984 Boyd K. Packer, “Scriptures” (Nov. 1982) Ensign 51.


985 Packer “All-Church.”


986 New Testament, James 1:27; D&C 59:9.


987 D&C 88:75, 85, 138; 112:33.


988 Henry B. Eyring, “Faith and Keys” (Nov. 2004) Liahona 26.


989 Book of Mormon, Alma 60:36.


990 Boyd K. Packer, “The Standard of Truth Has Been Erected” (Nov. 2003) Ensign 24; six refers to the number of members present when the church was organized on April 6, 1830.


991 As, for example, the interviews by church President Gordon B. Hinckley with CBS television’s “60 “Minutes and CNN’s “Larry King Live”—to name but two. Regarding “60 Minutes,” see Morris “Assailed” notes 41, 224, 271, and 290 and accompanying text. The interest in “Larry King Live” began when its host married a Mormon woman with resultant national attention.


992 Phillips American Theocracy, p. 111.


993 Id. at p. 198, citing Kathleen Flake, The Politics of American Religious Identity: The Seating of Senator Reed Smoot, Mormon Apostle (Chapel Hill: University of North Carolina Press, 2004) pp. 45-48.


994 D&C 101:77-80; emphasis added. See the panel discussion, “What Is the Proper role of the Latter-day Saint with Respect to the Constitution?” commencing at (1962) 4(2) BYU Studies 151.


995 Rich Found, p. xiv.


996 Flake p. 79. See also Charles J. Reid, Jr., “And the State Makes Three: Should the State Retain a Role in Recognizing Marriage?” (2006) 27(3) Cardozo Law Review 1277. The issue is devoted to the question of abolishing civil marriage. Reid includes a discussion of polygamy.


997 New Testament, Matthew 10:34-36.


998 Michelangelo Signorile, It’s Not Over: Getting Beyond Tolerance, Defeating Homophobia, and Winning True Equality (New York: Houghton Mifflin Harcourt, 2015).


999 Alma 28:13.




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