The Evolution Of Utah's Constitution: Drafting A Legacy

how many drafts were made of the utah constitution

Utahns drafted seven constitutions starting in 1849, with six attempts rejected by the federal government. The practice of polygamy in Utah was a significant obstacle to statehood. In 1890, The Church of Jesus Christ of Latter-day Saints renounced polygamy, and Congress authorized the drafting of a constitution. The Utah Constitution was drafted at a convention in 1895 and approved by citizens of Utah. However, it took several attempts to get it approved by Congress, and Utah was admitted as a state in 1896.

Characteristics Values
Number of drafts of the Utah Constitution 7
First draft 1849
Reason for drafting To gain statehood
Number of attempts to gain statehood 6
Year Utah became a state 1896
Reasons for rejection of drafts Practice of polygamy and plurality of wives; emergence of the Liberal Party
Additional features of the constitution Prohibition of polygamy, free public schooling, ban on legalizing lotteries and other forms of gambling

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The Utah Constitution was drafted in 1895

The Mormon community, also known as the L.D.S. Church, initially understood itself as a self-governing community with a shared history and mythology distinct from its neighbours. After Mexico ceded territory, including the Salt Lake settlement, to the United States in 1848, the Mormons sought to preserve their autonomy by forming their own state government. They met in convention in 1849 and framed a constitution for the "State of Deseret," electing state officers and sending a memorial to Congress requesting admission to the Union. However, this request was denied, and in 1850, the territory occupied by the Mormons became the Utah territory with a secular government.

Despite this setback, the Mormons' dream of statehood persisted. They adopted a second constitution for the State of Deseret in 1856, but by then, nationwide sentiment had turned against them due to their practice of polygamy and accusations of establishing a theocratic dictatorship. Over the next several decades, there were repeated attempts to draft constitutions and gain statehood, with six separate attempts rejected by the federal government. The issue of polygamy remained a significant obstacle, and it wasn't until 1890 that the L.D.S. Church officially renounced polygamy, paving the way for Utah's constitutional convention in 1895.

The 1895 convention in Salt Lake City resulted in a constitution that was later approved by the citizens of Utah. This constitution included provisions prohibiting polygamy and "plural marriages," reflecting the concessions made by Mormon leaders to achieve statehood. The constitution took several attempts to get approved by Congress, and Utah was finally admitted as a state in 1896.

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There were seven previous drafts

Utahns drafted seven previous constitutions, starting in 1849, as part of repeated attempts to become a state. The first draft was made in 1849 when the settlers met in convention at Great Salt Lake City and framed a constitution for the State of Deseret. State officers were elected, and Almon W. Babbit was sent to Washington, requesting the admission of Deseret to the Union. However, this request was denied, and in 1850, a bill was passed to organize the country occupied by the Mormons as the Utah Territory.

The second draft was adopted in 1856 when the Mormons met in convention again. However, by this time, nationwide sentiment had turned against the Mormons due to their belief in polygamy and accusations of establishing a theocratic dictatorship. As a result of this sentiment, Utah was prohibited from joining the Union.

Over the next several decades, Utah made four more attempts to draft a constitution, all of which were rejected by the federal government due to the practice of polygamy in the state. Finally, in 1890, The Church of Jesus Christ of Latter-day Saints renounced polygamy, and Utah was permitted to begin drafting a constitution. The seventh and final draft of the Utah Constitution was created at a convention that began on March 4, 1895, in Salt Lake City. This constitution was approved by the citizens of Utah and later by Congress, which admitted Utah as a state in 1896.

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Polygamy was a key issue

The Constitution of Utah defines the basic form and operation of the state government. However, the road to its drafting and adoption was long and fraught with challenges, particularly due to the issue of polygamy.

Utahns had drafted seven previous constitutions, starting in 1849, as part of repeated attempts to become a state. In 1850, the federal government created the Utah Territory, but Utah was still prohibited from joining the union due to the widespread practice of polygamy among the Mormon population. The federal government remained unappeased by the proposed constitutions, and national hostility towards Mormon polygamy emerged as the primary obstacle to statehood.

In 1890, The Church of Jesus Christ of Latter-day Saints (LDS Church) officially renounced polygamy, which finally gave Utah permission from the federal government to begin drafting a constitution. The renunciation of polygamy by the LDS Church was not without consequences. In the face of federal actions to confiscate Church property and divest Church members who practised or advocated for polygamy of their political rights, the Church had to make significant concessions to win statehood.

The resulting constitution, drafted in 1895 and approved by Congress in 1896, included an ordinance that "forever prohibited" polygamous or plural marriages. This ordinance was a direct response to the national concern over Mormon polygamy and was necessary for Utah to be admitted as a state. The constitution also included provisions for free public schooling, which was to be "free from sectarian control".

Even after statehood, the issue of polygamy continued to be a contentious topic in Utah. In recent years, polygamist groups, such as "The Sister Wives", have challenged Utah's anti-bigamy laws, arguing that they violate their religious liberty and are unconstitutional. However, the Utah Supreme Court has consistently upheld the state's bigamy statute, stating that it applies to all individuals regardless of their religious intentions and that the government has a legitimate interest in outlawing polygamy, such as protecting women and children from exploitation and abuse.

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The Mormon Church's influence

The issue of polygamy, or plural marriage, was a significant obstacle to Utah's statehood. In 1862, polygamy became illegal in the United States, and the Supreme Court's anti-polygamy ruling in 1879 further limited religious freedom. The federal government targeted polygamy, seeing it as an assault on the separation of church and state. In 1890, the LDS Church officially renounced polygamy, and Congress authorized the drafting of the Utah Constitution.

Despite renouncing polygamy, the Mormon Church continued to exert influence in Utah. The state's constitution, drafted in 1895 and approved by Congress in 1896, included provisions that reflected concessions made by Mormon leaders to gain statehood. For example, the state's name, "Utah," derived from a local Indian tribe rather than the Mormon name, "Deseret." Most notably, the constitution included a provision that ""forever prohibited" polygamous marriages.

Even after statehood, the Mormon Church's influence remained prevalent in Utah's Capitol Building. With 62% of the state's population as members, the Church's power impacted education, legislation, and the daily lives of non-members. The dominance of LDS members in legislative positions turned the LDS gospel into policy, affecting non-Latter-day Saints. This influence has led to criticism that Utah fails to respect the separation of church and state, with the Church's stance on homosexuality resulting in a ban on same-sex marriage until 2013.

In conclusion, the Mormon Church's influence on the Utah Constitution and the state's politics has been significant. While the Church has made concessions to gain statehood, its power continues to shape legislation and the lives of Utah's citizens, often to the outrage of non-members.

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The document was ratified in 1896

Utahns had drafted seven previous constitutions starting in 1849 as part of repeated attempts to become a state. In 1850, the federal government created the Utah Territory, with a secular government. Despite this, Utah was prohibited from joining the union due to the prevalent practice of polygamy in the state.

In 1849, settlers met in convention at Great Salt Lake City and framed a constitution for the State of Deseret. State officers were elected, and Almon W. Babbit was sent to Washington, requesting the admission of Deseret to the Union. This request was denied, and in 1850, a bill was approved to organize the country occupied by the Mormons as the territory of Utah. In 1856, the Mormons met in convention again and adopted a second constitution for the State of Deseret. However, by this time, nationwide sentiment had turned against the Mormons due to their practice of polygamy and accusations of a theocratic dictatorship.

It was not until 1890 that The Church of Jesus Christ of Latter-day Saints renounced polygamy, allowing Utah to begin drafting a constitution. The Utah Constitution was drafted at a convention that opened on March 4, 1895, in Salt Lake City. The document was ratified in 1896, and Utah was finally admitted as a state. This constitution included an ordinance that "forever prohibited" polygamous or plural marriages, a concession made by Mormon leaders to gain statehood. The constitution also included provisions on freedom of religion, public schooling free from sectarian control, and the prohibition of lotteries and other forms of gambling.

The 1896 constitution was not unique to Utah, as many other states that entered the union in the late nineteenth century adopted similar provisions in their constitutions. The document was the result of multiple attempts and concessions over nearly three decades to achieve statehood for Utah.

Frequently asked questions

Seven drafts of the Utah Constitution were made.

No, the first draft was made in 1849, before Mexico ceded territory that included the Salt Lake settlement to the United States in 1848. The second draft was made in 1856, after Utah became a US territory in 1850.

The Mormon Church's practice of polygamy was a major obstacle to statehood. Only after the Church renounced polygamy in 1890 did Congress authorise the drafting of a constitution that would be accepted.

Yes, the citizens of Utah approved the final draft of the constitution.

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