"ESTABLISHED AGREEABLE TO THE LAWS OF OUR COUNTRY": MORMONISM, CHURCH CORPORATIONS, AND THE LONG LEGACY OF AMERICA'S FIRST DISESTABLISHMENT. Issue 2 (August 2021)

• Record Type: Journal Article
• Authors: Oman, Nathan B.
• Is Part Of: Journal of law and religion. Volume 36:Issue 2(2021)
• Page Start: 202
• Page End: 229
• Publication Date: 2021-08
• Subjects: Religion and law -- Periodicals; 344.096
• DOI: 10.1017/jlr.2021.29
• Languages: English
• ISSNs: 0748-0814

Abstract

Abstract: This article provides the first history of the Church of Jesus Christ of Latter-day Saints as a legal entity. It makes two contributions. First, this history recasts the story of the so-called first disestablishment, revealing that it was longer and more contentious than is often assumed. Disestablishment produced a body of corporate law encoded with strong theological assumptions. Because corporate law was the primary mechanism for regulating churches, this created problems for groups like Roman Catholics and Latter-day Saints who did not share the law's theological commitments. Far from being settled in the early 1830s, the first disestablishment continued to spawn bitter legal battles into the late nineteenth and early twentieth centuries. Second, this article reveals legal personality as one of the key points of conflict between the Latter-day Saints and American society. This is a useful corrective to accounts that emphasize polygamy and theocracy as the points of legal contention. An understanding of the history of the church as a legal entity supplements these stories by revealing how the hard-fought legal battles of the late nineteenth century can be seen as an extension of the process of legal disestablishment that began during the American Revolution.