In the 1909 case Williams v. State of Arkansas, the U.S Supreme Court upheld a ruling by the Supreme Court of Arkansas that found Mr. and Mrs. Williams guilty of violating an Arkansas statute prohibiting cohabitation with more than one woman at a time under any circumstances where children could be born out of wedlock. The couple was part of a religious sect that practiced polygamy and argued their conviction violated their Fourteenth Amendment rights to due process and equal protection under law, as well as First Amendment rights to freedom of religion. However, the court ruled unanimously in favor of Arkansas stating that while individuals have constitutional protections for religious beliefs, these do not extend to practices deemed illegal or immoral by state laws such as bigamy or polygamy.

In the dissenting opinion for Williams v. State of Arkansas, Justice Harlan argued that the majority's decision was a violation of constitutional rights. He believed that the state law in question, which allowed for punishment without trial if an individual failed to pay their fines or costs associated with criminal proceedings, violated both due process and equal protection under the Fourteenth Amendment. Harlan contended that this law unfairly targeted poor individuals who were unable to pay these fees and essentially resulted in imprisonment for debt, something prohibited by many state constitutions at the time. Furthermore, he asserted that it denied these individuals their right to a fair trial as guaranteed by the Constitution because they were punished without being given an opportunity to defend themselves in court.