Reynolds v. United States, 98 U.S. 145 (1878)

At the time of the decision, The Church of Jesus Christ of Latter Day Saints had a practice of polygamy.
George Reynolds, a member of the Church, was charged with bigamy under the Anti-Bigamy Act (“the Act“).
Reynolds challenged the Act in the US Supreme Court, arguing that the Act was unconstitutional in that it conflicted with the First Amendment right of freedom of religion; as a Mormon, Reynolds was religiously required to marry multiple wives.

The US Supreme Court upheld Reynolds’ conviction.
The US Congress cannot pass a law that prohibits the free exercise of religion.
However, the Court considered that there was a distinction between religious belief and action that flowed from religious belief. A person’s religious belief “lies solely between man and his God“. Accordingly, “the legislative powers of the government reach actions only, and not opinions.“
The Court believed the First Amendment forbade Congress from legislating against opinion, but allowed it to legislate against action.
The First Amendment protects the right to hold any religious belief, but not the right to engage in any religious activity whatsoever.

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