''Cleveland v. United States'', 329 U.S. 14 (1946), was a case in which the Supreme Court of the United States held that notwithstanding the fact that polygamy is a person's religious belief, the

Mann Act The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois. In its original form the act mad ...

prohibits the transportation of women across state lines to participate in polygamy.

Background

Individuals were members of a fundamentalist Mormon sect that practiced polygamy. The individuals were indicted for transporting women across state lines to enter into plural marriages. Following a bench trial, all of the individuals were convicted for violations of the

. They then appealed their convictions to the U.S. Tenth Circuit Court of Appeals, which affirmed the convictions. The U.S. Supreme Court then granted certiorari to hear the case.

Opinion of the court

Affirmed. Justice

William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...

delivered the opinion of the court. The Court held that transporting a woman or girl across state lines for the purpose of making her a plural wife in a polygamous marriage is a violation of the Mann ActMann Act, 36 Stat. 825, 18 U.S.C. § 398 because it is for "an immoral purpose." In explaining its reasoning, the court opined that although the Mann Act was primarily intended to target commercialized white sex slave trade, the phrase "for any other immoral purpose" makes plain that the Act is not so narrowly limited. In noting the historical unlawfulness of polygamy in the United States, the Court found polygamy to be an immoral act of the type contemplated by the Mann Act's prohibitions. Finally, the Court found that there is no viable defense to the Mann Act by virtue of the religious beliefs that motivate the practice of polygamy.

Concurring opinion

Justice

Wiley Blount Rutledge Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Frankli ...

delivered a concurring opinion. Justice Rutledge agreed with the majority's decision insofar as the majority opinion followed the precedent set in '' Caminetti v. United States''.. However, Rutledge diverged from the majority view in expressing his opinion that the ''Caminetti'' case was wrongly decided, as it improperly expanded the application of the Mann Act beyond the legislators' intent.

Dissenting opinion

Justice

Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...

delivered a

dissenting opinion A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are norm ...

, stating that polygamy is not of the same genus as "prostitution and debauchery" as contemplated by the Mann Act.

References

External links