In the 1890 Supreme Court case, The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, the court ruled in favor of a law that dissolved the Mormon church as a legal corporation and seized its assets. This was due to their practice of polygamy which was considered unlawful by federal legislation passed in 1862 and further reinforced by additional laws in subsequent years. Despite arguments from representatives for The Church Of Jesus Christ Of Latter-day Saints (LDS) claiming this violated religious freedom rights under First Amendment protections, Chief Justice Fuller delivered an unanimous opinion stating that while Congress cannot interfere with beliefs or opinions, it can regulate practices stemming from those beliefs if they are deemed harmful or contrary to public policy. Therefore, despite being part of LDS doctrine at the time, polygamy could be legally prohibited due to its conflict with societal norms and values.

In the dissenting opinion for The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, Justice Field argued that Congress had overstepped its bounds by confiscating property from a religious organization due to their practice of polygamy. He contended that while Congress could outlaw polygamy, it did not have the right to seize property as punishment for practicing it. He also pointed out that many other religions practiced behaviors considered immoral or illegal and yet were not subject to such penalties. Furthermore, he stated that if this ruling was allowed to stand, it would set a dangerous precedent where any group deemed undesirable by society could be stripped of their assets without due process under law.