In re Black

In In re Black, 3 Utah 2d 315, 283 P.2d 887, 905 (Utah 1955), the State was attempting to remove children from the custody and care of polygamous parents. Id. at 888. The parents argued that the judgment removing their children violated the constitutional guarantees contained in the Utah Constitution. (Id. at 900.) The Court responded that: Article III of our Constitution is a complete answer to the parents' contention. The specific prohibition against polygamous or plural marriage therein contained may not be impliedly annulled by any interpretation of Sections 1, 4 and 15 of Article I inconsistent therewith. The prohibition following as it does the guarantee of religious toleration prevents any conclusion that the framers of our Constitution did not intend to put a specified limitation on the language contained in Section 4, Article I of the State Constitution. The prohibition against polygamous or plural marriages following the guarantee of religious tolerance is double emphasis that the framers of our Constitution wished to make clear that polygamy was not included within an approved mode of religious worship. (Id. at 905.)