In the 1947 case Musser et al. v. Utah, the United States Supreme Court upheld a conviction of polygamy in Utah under its state law prohibiting cohabitation with more than one woman at a time. The appellants were members of the Fundamentalist Church of Jesus Christ Latter-Day Saints (FLDS), who argued that their First Amendment rights to freedom of religion were violated by this law as it interfered with their religious practice which includes plural marriage or polygamy. However, the court rejected these arguments and affirmed that while individuals have freedom to believe what they wish, when it comes to action based on those beliefs - particularly actions deemed harmful by society such as bigamy or polygamy - states are within their rights to regulate or prohibit them for public welfare reasons.

In the dissenting opinion for Musser et al. v. Utah, Justice Wiley Rutledge argued that the majority's decision was a violation of freedom of religion and due process rights under the Fourteenth Amendment. He contended that polygamy is an integral part of certain religious beliefs and therefore should be protected by First Amendment rights to free exercise of religion. Furthermore, he disagreed with the majority’s view on how to interpret Reynolds v United States (1878), which upheld anti-polygamy laws; instead, he believed it should be read more narrowly as only applying in cases where there is a clear danger to societal order or public safety - conditions not met in this case according to him.