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An Earth used with Judgment, not to Excess: Distilling a Mormon Approach to Environmental Law

Published online by Cambridge University Press:  24 April 2015

Micah J.B. McOwen
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“[T]he fulness of the earth is yours, the beasts of the field and the fowls of the air … and the herb, and the good things which come of the earth … [a]nd it pleaseth God that he hath given all these things unto man; for unto this end were they made to be used, with judgment, not to excess, neither by extortion.”

The Church of Jesus Christ of Latter-day Saints (the “Church”) is the great success story of American religion. Members of the Church (“Mormons”) now constitute more than five percent of the populations of Arizona, Hawaii, Nevada, and Wyoming, a far higher percentage of Idaho and Utah, and nearly two percent of the United States as a whole. Mormons fill five seats in the United States Senate (including the majority-leader chair) and about a dozen in the House. A Mormon recently completed a serious bid for the United States presidency. And their numbers are growing worldwide.

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Articles
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Journal of Law and Religion , Volume 23 , Issue 2 , 2008 , pp. 673 - 723
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Copyright © Center for the Study of Law and Religion at Emory University 2008

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References

1. The Doctrine and Covenants of the Church of Jesus Christ of Latter-day Saints 59:16–20Google Scholar. According to Mormon belief, this book (the majority of which was originally published in 1835) is a collection of revelations given to Joseph Smith (and, in a few cases, others) about the beliefs and affairs of the then-budding religion. For the sake of consistency and to better reflect the Mormon view of this collection as scripture, it is cited herein in a format similar to that for citation of the Bible: D&C (section): (verse(s)).

2. Mormonad, New Era (Sept. 1998) (© 1998 Intellectual Reserve, Inc.; used with permission).

3. It has been posited that the Church represents the fastest-growing religion of the last one hundred fifty years. See Stark, Rodney & Neilson, Reid L., The Rise of Mormonism, passim (Colum. U. Press 2005)CrossRefGoogle Scholar (analyzing favorably the growth of the Church and reviewing his earlier claim projecting continued growth). But see Stack, Peggy Fletcher, Keeping members a challenge for LDS church, Salt Lake Trib. (07 26, 2006)Google Scholar (available at http://www.sltrib.com/ci_2890645 (noting critics of Stark's claims and recent declines in membership retention). A Church apostle recently claimed that Mormons represented the fourth-largest Christian denomination in America. Ballard, M. Russell, Faith, Family, Facts, and Fruits, 10 2007, http://www.lds.org/conference/talk/display/0,5232,49-l-775-9,00.htmlGoogle Scholar (accessed Feb. 2,2008).

4. This historical nickname was coined by outsiders in the 1830s, and is derived from Church members' usage of a book of scripture called The Book of Mormon (see infra n. 30). The name has stuck, despite the efforts of some Church leaders who think it is reminiscent of epithets historically given to other persecuted social subclasses. Church members prefer the term “Latterday Saints” to clarify that they do not worship a god named Mormon. However, I and most Church members I know draw no offense from the more-widespread term. I will use “Mormons” throughout—for brevity if nothing else.

It is important to note that throughout this paper, when I use the term “Mormon” (unless I specifically say otherwise), I mean one who believes the majority of tenets of the Mormon faith, who attends meetings, and who is generally “in good standing” with the Church. Because the purpose of this paper is to analyze the environmental ethic of the Church and how faithful adherents follow that ethic, the opinion of an ex-Mormon or lax-Mormon would not be very helpful.

5. Deseret Morning News, 2008 Church Almanac 188, 190, 213, 215, 245, 273, 297 (2008) (using 2006 data). Baptized Church members are noted on official membership records unless and until they either are excommunicated from the Church (i.e., officially expelled—a drastic measure) or they formally request to be removed. Therefore, it is important to note that these statistics are overestimates of people who are actively involved in the Church; the extent of the discrepancy is unknown.

6. Ballard, supra n. 3 (putting the current count of Mormon congressmen at 16); Personal correspondence with Miriam Harmer (former legal intern to Rep. Chris Cannon (R-UT) and legislative assistant to Rep. Rob Bishop (R-UT) (both Mormons)), July 27, 2006, on file with the author; Famous Mormons in Politics, http://www.famousmormons.net/pol.html (accessed Feb. 2, 2008). Because the membership records of the Church are not public, there is no way of confirming the list of Mormon lawmakers short of personally asking each one, and there is obviously no way of defining the varying levels of “devoutness” for each. Therefore, these lists are unofficial and unconfirmed, but include those who are generally known on Capitol Hill as being (at least in name) members of the Church.

7. As discussed further infra Sect. II.B.2, recent Massachusetts Governor and Mormon Mitt Romney retired from the 2008 GOP primary race on Feb. 7, 2008.

8. This is, however, a modern development. As discussed further infra Sect. II.A, during the late 1800s politicians watched Mormons more closely than perhaps any other single religious group at the time.

9. Although most Mormons are socially conservative, and there are certainly more Mormon Republicans than Democrats, the type and strength of conservatism varies greatly, particularly outside of the Western states (and internationally). Perhaps no Mormon exemplifies variance from the Mormon-Republican-cowboy caricature more than Senate Majority Leader, and staunch Democrat, Harry Reid. See also infra Sect. II.B.3. Representative Rob Bishop (R-UT) described the political split of Mormons this way:

Mormons generally, and in Utah in particular, were pretty evenly split between Democrats and Republicans through the 1950s. But they were always conservative. The shift [from mixed to mostly Republican] happened in Utah when Democrats took a decidedly liberal turn. That hasn't really changed. Partisanship has changed, but Mormons remain usually more conservative politically than otherwise. If Democrats became more conservative, there would be more Mormon Democrats.

Interview with Rob Bishop, Representative from Utah (June 28, 2007).

10. One would hope that the days of voters accusing a political candidate of blindly and reflexively imposing the will of his church's leaders upon his constituency, as many did John F. Kennedy, are long gone. See generally Carty, Thomas J., A Catholic in the White House?: Religion, Politics, and John F. Kennedy's Presidential Campaign (Palgrave Macmillan 2004)CrossRefGoogle Scholar. Unfortunately, as recent events have proved, such vulgar biases are as present as ever. One recalls the media circus that followed presidential candidate John Kerry every Sunday for weeks, waiting to see whether the pro-choice Catholic would receive communion. See Goodstein, Laurie, Politicians Face Bishops' Censure in Abortion Rift, N.Y. Times A1 (06 19, 2004)Google Scholar. Mitt Romney experienced much more vitriolic bigotry throughout his campaign. See Helman, Scott, Rival Camps Take Aim at Romney's Religion, Boston Globe (06 21, 2007)Google Scholar (available at http://www.boston.com/news/nation/articles/2007/06/21/rival_camps_take_aim_at_romneys_religion) (highlighting competing candidates' campaigns' attacks on Romney's religion early in the race); Sataline, Suzanne, Tabernacle on Trial: Mormons Dismayed by Harsh Spotlight, Wall St. J. A1 (02 8, 2008) (available at http://online.wsj.com/article/SB120243323721852411.html?mod=fpa_mostpop)Google Scholar (summarizing the anti-Mormon biases revealed by the Romney candidacy). For a further discussion of Romney's candidacy, see infra Sect. II.B.4. I, for one, was already well acquainted with the queer and vehement anti-Romney biases stemming from his religion: I lived in Cambridge, Massachusetts during Romney's 2002 Gubernatorial campaign, and I vividly remember the day I saw a “NO MORMON GOVERNOR” sign in a Harvard Square shop window.

11. This, again, is a personal observation, though the Church does forbid local leaders to use their authority in promoting specific candidates. See generally infra Sect. II.A (discussing the historical and modern Church's relationship with American politics).

12. See e.g. Paulson, Michael, Colleges Scramble to Offer Curriculum on Mormon Religion, Boston Globe (02 19, 2008), (available at http://www.boston.com/news/education/higher/articles/2008/02/19/colleges_scramble_to_offer_curriculum_on_mormon_religion)Google Scholar.

13. Foltz, Richard C., Mormon Values and the Utah Environment, 4 Worldviews 1, 2 (2000)CrossRefGoogle Scholar.

14. Where a source discussing the Church's teachings is available, I cite to it in the following order of preference: statements of prophet-presidents; official modern Church publications (Ensign, New Era, et al.), which include statements of other Church leaders; statements of noted Mormon philosophers, authors and professors. As in any religion, it is impossible to divulge beliefs without somehow also interpreting them, and perhaps not every Mormon would agree with the way I present the doctrines in this section. However, I actively avoid any interpretation of Church beliefs that would not, I believe, merit agreement from the overwhelming majority of Church members.

15. McConkie, Bruce R., The Mystery of Mormonism, Ensign 53, 53 (11 1979)Google Scholar.

16. See generally The Church of Jesus Christ of Latter-day Saints, http://www.mormon.org (accessed Feb. 2, 2008) (general Mormon doctrine); The Church of Jesus Christ of Latter-day Saints, http://www.lds.org (accessed Feb. 2, 2008) (same).

17. As Mormon scholar Hugh Nibley put it, “Mormonism, though emphatically Christian, is neither Catholic or [sic] Protestant, and … it defies identification with or absorption by any other movement.” Nibley, Hugh, In the Party But Not Of the Party, in The Collected Works of Hugh Nibley Vol. 13: Brother Brigham Challenges the Saints 127 (Norton, Don E. & Ricks, Shirley S. eds., Deseret Bk. Co. 1994)Google Scholar [hereinafter Brother Brigham]. Unique aspects include a belief that God, Christ, and the Holy Spirit are distinct personages (as opposed to a chimeric trinity); a belief that the family unit can, under proper authority, extend eternally as a unit; a belief that all males may hold priesthood authority (not just a select clergy); and many others.

18. Monson receives revelation from God and passes it along to current Church members, just as Moses did for the liberated Israelites. The words of modern prophets are accorded weight equal to those of Isaiah or Elijah—or even more weight because the instruction is more recent and individualized. See e.g. The Church of Jesus Christ of Latter-day Saints, Gospel Principles, ch. 9 (“Prophets of God”), http://lds.org/ldsorg/v/index.jsp?vgnextoid=32c41b08f338c010VgnVCM1000004d82620aRCRD&locale=0&sourceId=0cba7befabc20110VgnVCM100000176f620a— (accessed Feb. 21, 2008). Because of this view, I use the terms “prophet,” “president,” and “prophet-president” interchangeably.

19. Admittedly, it can be hard to tell when Monson speaks merely as a mortal octogenarian and when he speaks as the mouthpiece of the Almighty. The Catholic church attempts to deal with this dilemma via the doctrine of the infallibility of the Pope. In my limited understanding, the Pope speaks literally for God when discussing the doctrines of the Catholic church. In any event, this is an accurate description of Mormons' respect towards the words of their prophet regarding their religion. The problem lies in defining when the prophet is actually speaking about religion—one could argue that every time Monson speaks, he is discussing religion. For a collection of critical essays on Mormon prophets and such dilemmas, see the articles in 22 Sunstone (July-Aug. 1980).

It is perhaps appropriate here to briefly describe the Church leadership structure. The President is assisted by two counselors and twelve “apostles,” whose words are given great weight, though perhaps not quite as much as the prophet-president's. This “Quorum of the Twelve” is in turn assisted by several hundred men with various responsibilities throughout the world, divided into groups of seventy—something akin to the Catholic College of Cardinals. New apostles are nearly always selected from these “Seventies,” and a new prophet has historically been the most-tenured apostle—though all appointments are ostensibly made by revelation and inspiration.

20. D&C 89: prologue. The name is derived from D&C 89:1-2, which reads “A Word of Wisdom, for the benefit of … the church, and also the saints in Zion … showing forth the order and will of God in the temporal salvation of all saints ….”

21. See D&C 89:8 (“[T]obacco is not for the body, neither for the belly, and is not good for man ….”); id. at 89:7, 9 (“[S]trong drinks are not for the belly ….”). The exact parameters of the proscription on “strong drinks” (decaffeinated coffee, alcohol in foods, etc.) have never been clearly delineated.

22. See id. at 89:10-17. See also id. at 49:17-21. In my personal experience, these holistic aspects of the doctrine are virtually ignored by most Mormons, who instead focus exclusively in following the aforementioned prohibitions.

23. Handley, George B., The Environmental Ethics of Mormon Belief, 40 B.Y.U. Stud. 187, 191 (2001)Google Scholar.

24. Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 33.

25. Nibley, Hugh, Man's Dominion, New Era 24, 26 (10 1972)Google Scholar. See also id. (“‘Happy is he who glorifies all the works of the Lord, but cursed is he who offends the creation of the Lord.’”) (quoting Vaillant, A., Secrets d'Henoch (Secrets of Enoch) (Institut D'Etudes Slaves 1952))Google Scholar. Mormons believe that both men and women have such godly potential, despite the use of the masculine in these quotations.

26. Foltz, supra n. 13, at 3 (citation omitted). On a personal note, I grew up quite near the Deseret Ranch, knew Mormon ranchers that worked there, and attended Church activities there as a teenager. The next-largest ranching property owned by the Church appears to be the Deseret Land and Livestock Company in Woodruff, Utah. See Hedges, Mackey, Cowmen and the Environment, in New Genesis: A Mormon Reader on Land and Community 236 (Williams, Terry Tempestet al. eds., Gibbs Smith Publishers 1998) [hereinafter New Genesis]Google Scholar.

27. See generally The Church of Jesus Christ of Latter-day Saints, http://www.providentliving.org (accessed Feb. 2, 2008) (the official Church emergency preparedness website).

28. D&C 59:16.

29. The Pearl of Great Price [hereinafter PoGP] Articles of Faith 1:8 (“We believe the Bible to be the word of God as far as it is translated correctly ….”)xb. Mormons universally use the King James Version of the Bible.

30. The two additional collections are The Pearl of Great Price (consisting of 2 primary books) and The Book of Mormon: Another Testament of Jesus Christ [hereinafter BoM] (consisting of 15 books). According to Mormon belief, each was received and translated by Joseph Smith from ancient scrolls and the Bible (in the case of the PoGP) and from gold plates (in the case of the BoM). For the sake of consistency and to better reflect the Mormon view of these collections as scripture, they are cited herein in a format similar to that for citation of the Bible: [PoGP or BoM] (book) (chapter) (verse(s)).

31. See the discussion of The Doctrine and Covenants, supra n. 1.

32. See Gen 1:31 (all Biblical citations are taken from the King James version).

33. See e.g. Nelson, Russell M., The Creation, Ensign 84 (05 2000)Google Scholar.

34. Matthews, Robert J., What the Scriptures Say About: Ecology, New Era 38, 38 (03 1972)Google Scholar.

35. D&C 104:13. See also D&C 136:27.

36. See Handley, supra n. 23, passim (discussing Mormons' and other Christian sects' belief in Man's dominion over the earth).

37. Gen 9:11, 16.

38. The Holy Bible app. 797 (The Church of Jesus Christ of Latter-day Saints, 1989) (Joseph Smith's re-translation of Gen 9:22-23) (emphasis in original, showing language added to King James version). For more information about Joseph Smith's re-translation of the Bible, see Bushman, Richard Lyman, Joseph Smith: Rough Stone Rolling 132, 142 (Vintage 2005)Google Scholar.

39. McConkie, Bruce R., Christ and the Creation, Ensign 9 (06 1982)Google Scholar (quoting PoGP Articles of Faith 1:10). This doctrine is actually quite complex, as Mormons believe in multiple “heavens,” the population of each being decided after a millennial era here on the earth—something post-“normal” life, yet pre-“judgment day.” The exact details of the paradisiacal earth and mankind's re-inheritance of it are unnecessary to detail here; suffice it to say that Mormons believe that the earth will have a continued role to play after mortal life has ended.

40. Young, Brigham, Journal of Discourses 8:294Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 27 (emphasis added)).

41. D&C 88:18.

42. Young, Brigham, Journal of Discourses 10:301Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 27-28).

43. “[T]he earth abideth the law of a celestial kingdom, for it filleth the measure of its creation, and transgresseth not the law ….” D&C 88:25. In other words, although the earth has (like man) been separated from God for a time, and thus is “fallen” in that sense, it cannot be the earth's fault that it lies in need of good stewardship. See also infra quote accompanying n. 51.

44. See supra p. 679.

45. Church of Jesus Christ of Latter-day Saints, Stewardship of God's Creation 2 (n.d.), http://lds.org/newsroom/files/JS_Stewardship.pdf (no longer available).

46. Id. (quoting Smith, Joseph, Teachings of the Prophet Joseph Smith 71 (Smith, Joseph Fielding ed., Deseret Book Co. 1976))Google Scholar. See infra n. 125, for another example of Smith's sympathy toward snakes.

47. D&C 104:17.

48. See e.g. Strengthening the Family: Multiply and Replenish the Earth, Ensign 18 (Apr. 2005).

49. See e.g. Foltz, supra n. 13.

50. See D&C 104:16-18.

51. Strengthening the Family: Multiply and Replenish the Earth, supra n. 48, at 19 (quoting in part Eyring, Henry B., The Family, Ensign 15 (02 1998))Google Scholar. Cf. quote infra accompanying n. 135 (noting Brigham Young's understanding of the limited nature of natural resources).

52. PoGP, Introductory Note.

53. PoGP Moses 3:5, 9, 19 (emphasis added).

54. Id. at 7:48 (quotation marks added).

55. This is a particularly notable belief because Mormons give deep meaning to the term “soul.” Mormons believe that the “soul,” far from being something abstract such as innate goodness or divinity, is the literal sum of spirit and body, and the object of salvation. See D&C 88:15 (“[T]he spirit and the body are the soul of man.”); PoGP Abraham 5:7 (“[M]an became a living soul” after combining his spirit and body); Romney, Marion G., We Are Children of God, Ensign 3 (09 1984)Google Scholar (discussing Mormon beliefs about the origin and fate of the soul). Mormons also believe that each person was an “intelligence” before their body and spirit were “organized”; the extent to which plants, animals, and the earth also were “intelligences” is unclear. The obvious question of the role evolution plays in this theology has been left unanswered by Church leaders. See infra n. 275.

56. See D&C 29:24-25 (“[A]ll things shall become new, even the heaven and the earth, and the fullness thereof, both men and beasts, the fowls of the air, and the fishes of the sea ….”); id. at 77:2-3 (interpreting Saint John's teachings in Revelation as meaning that all creations will “enjoy[]… their eternal felicity”).

57. See Alexander, Thomas G., Stewardship and Enterprise: The LDS Church and the Wasatch Oasis Environment, 1847-1930, in Stewardship and the Creation: LDS Perspectives on the Environment (Handley, George B.et al. eds., Religious Stud. Ctr., BYU 2006)Google Scholar [hereinafter Stewardship and the Creation], at 29 n. 9 (relating sermons by and revelations to Joseph Smith in the mid-1840s, which proclaimed that beasts had souls and would be saved in heaven); Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 42-45 (relating a similar sermon by Brigham Young); Jones, Gerald E., The Gospel and Animals, Ensign 62 (08 1972)Google Scholar (relating a similar sermon by then-president David O. McKay). Something not explicitly addressed by this paper, but a subject that merits further discussion, is the implication of this belief on animal rights theory, law, and policy in the minds of, and jurisdictions populated by, Mormon judges, politicians, and voters.

58. PoGP Moses 3:5.

59. Professor Handley has ably discussed these beliefs and their comparisons to the Mormon faith and traditional Christian doctrine of creation ex nihilo. See Handley, supra n. 23, at 192-196. See also Wayne Owens, Wilderness in the Hand of God, in New Genesis, supra n. 26, at 223-224.

60. D&C 93:33-34. Some might say that this passage refers only to the doctrine that resurrection consists of the reunification of body and spirit (discussed supra n. 55). While that is clearly the primary purpose from the context, the obvious element of care for that body implies a need for oneness with one's environment. See id. at 93:35 (commanding man to care for his body).

61. See BoM Helaman 3:5-7, 9-10. “And the people … did suffer whatsoever tree should spring up upon the face of the land that it should grow up, that in time they might have timber ….” Id. at Helaman 3:9.

62. BoM Alma 46:40.

63. See PoGP Abraham 5:20-21.

64. Church of Jesus Christ of Latter-day Saints, “Stewardship of God's Creation,” supra n. 45, at 2 (paraphrasing Joseph Smith).

65. Mormons have a broad definition of scripture: “[Whatsoever [Church leaders] shall speak when moved upon by the Holy Ghost shall be scripture ….” D&C 68:4. Having living prophets sometimes complicates the issue, as mentioned supra, n. 19, by seemingly requiring some distinction between their lectures to the Church as a whole and their words in more individualized and casual settings—even though presumably the prophet is always “moved upon by the Holy Ghost.”

66. Nielsen, Mark J., The Wonder of the Creation, Ensign 60, 60 (03 2004)Google Scholar.

67. Id. at 61.

68. Id. at 63.

69. Id.

70. Morrison, A.B., Our Deteriorating Environment, Ensign 64 (08 1971)Google Scholar.

71. Dr. Morrison was Director of Research and Operations at the Canadian Food and Drug Directorate and President of the Nutrition Society of Canada. Id. Although Morrison was not then a general Church leader, the President and his counselors are said to have complete editorial control over the Church magazines. Therefore, anything printed in any of the official Church magazines is commonly viewed—rightly or wrongly—as at least official Church advice, if not more.

Incidentally, Morrison later became a member of a Quorum of the Seventy; he is currently a “Seventy emeritus.” Deseret Morning News, supra n. 5, at 95.

72. Morrison, supra n. 70, at 64.

73. Id. at 64-65.

74. Id. at 65-67. The article discusses sulfur and carbon monoxide air pollution, as well as mercury bioaccumulation dangers, extensively. Oil spills, DDT, PCBs, and solid waste litter are among the myriad other pollutants mentioned. Id. at 64-68.

75. Id. at 68.

76. Id. at 69.

77. Id.

78. Matthews, Robert J., What the Scriptures Say About: Ecology, New Era 38, 38 (03 1972)Google Scholar.

79. Idso, Sherwood B., Acid Rain, Friend 18, 18–19 (05 1981)Google Scholar.

80. Alder, G. Michael, Earth—A Gift of Gladness, Ensign 26, 28 (07 1991)Google Scholar.

81. Id.

82. Using Earth's Resources Well, Tambuli 25, 25 (Sept. 1993).

83. Before researching for this paper, I cannot recall ever reading such an article in a Church magazine on any controversial subject in my lifetime, particularly one which (like the Morrison article) did not cite a single scripture. Senator Bob Bennett, Congressman Rob Bishop, and Congressman Chris Cannon each could not recall the mentioned articles, including Morrison's, and were quite surprised to hear of them. Interviews with Bob Bennett, Senator from Utah, Rob Bishop, Congressman from Utah, and Chris Cannon, Congressman from Utah (June 28, 2007).

84. See e.g. Ardean Watts, A House of Mud: Living Lightly on the Land, in New Genesis, supra n. 26, at 49.

85. See e.g. Oaks, Dallin H., Dating Versus Hanging Out, Ensign 10, 16 (06 2006)Google Scholar (“As a General Authority, I have the responsibility to preach general principles.”). Joseph Smith likewise viewed his role as a teacher of principles: “I teach them correct principles, and they govern themselves.” Id. (quoting Joseph Smith, as quoted in Taylor, John, The Organization of the Church, Millennial Star 339 (11 15, 1851))Google Scholar.

86. D&C 58:26.

87. Nelson, supra n. 33.

88. Handley, supra n. 23, at 187.

89. Id.

90. Young, Brigham, Journal of Discourses 5:228Google Scholar, 10:329 (quoted in Hugh Nibley, Brigham Young as a Statesman, in Brother Brigham, supra n. 17, at 143). Young and the pioneers formed their own political party after settling in Utah, “The People's Party”; it was dismantled along with all the other concessions made in the 1890s to appease the hostile United States government. See Richard Bushman (preliminary remarks), in Symposium, Mormonism and Democratic Politics: Are They Compatible? (May 14, 2007), transcript (available at http://pewforum.org/events/?EventID=148). See also id. (response to E.J. Dionne) (discussing historic vacillations in Mormon political leaning).

91. PoGP Articles of Faith 1:12.

92. Letter from the First Presidency, Jan. 15, 1998 (citation omitted), reprinted in First Presidency Urges Citizen Participation, Ensign 77 (Apr. 1998). The Church goes out of its way to stay neutral party-wise: “[N]othing is easier than to identify one's own political … ideas with the gospel…. Therefore, our prophet [Spencer W. Kimball] was truly inspired when he [urged us in 1976] to avoid ‘even the implication’ of associating the Church with any political party, policy, or name.” Nibley, supra n. 90, at 129. See also id. at 120-126 (discussing the historical dangers of religions backing particular government parties).

93. See supra nn. 5-6 and accompanying text (noting 5% & 3% Mormon populations in the U.S. Congress and House, respectively, despite only a 1-2% Mormon population nationwide).

94. For an account of early Mormon political involvement, a fascinating history of the Church told through the lens of political philosophy, see Winn, Kenneth H., Exiles in a Land of Liberty: Mormons in America 1830-1846 (U.N.C. Press 1989)Google Scholar.

95. See Bushman, supra n. 38, at 222-227, 403-416, 526-550; Winn, supra n. 94, chs. 4, 5, 7, 8 (1989).

96. Bushman, supra n. 38, at 509.

97. See generally Hartley, William G., Missouri's 1838 Extermination Order and the Mormons' Forced Removal to Illinois, in A City of Refuge: Quincy, Illinois 1 (Black, Susan Easton & Bennett, Richard E. eds., Millenial Press 2000)Google Scholar (discussing the Mormon extermination order).

98. Bushman, supra n. 38, at 508.

99. Id. at 509-510. The anti-Mormon content of the Illinois newspapers escalated to the point of printed death threats against Joseph Smith. See Durham, Michael S., Desert Between the Mountains: Mormons, Miners, Padres, Mountain Men, and the Opening of the Great Basin 119 (U. Okla. Press 1997)Google Scholar.

100. See Bushman, supra n. 38, at 514-517.

101. See id. at 545-550.

102. See id.

103. After running out of political options, they also ran out of geographic options:

[T]he Mormons were limited in their choices of destinations.… [T]he Saints wanted to get as far away as possible from the Gentiles who had driven them out of Ohio and Missouri and who were about to do the same in Illinois. … Oregon was filling up fast with Americans, many of them from the hated state of Missouri.… Texas was even less attractive [because of the looming Mexican War].

Durham, supra n. 99, at 120-121.

104. Id. at 133 n. †.

105. See id. at 204.

106. One account reported that Mormons required members to make an oath in their sacred temple

that they will bear eternal hostility to the Government of the United States for the murder of the Prophet [Joseph Smith]; that they renounce all allegiance they may have held to the Government…; that they will do all in their power towards the overthrow of that Government, and in event of failure teach their children to pursue that purpose after them.

Beadle, J.H., Life in Utah; or, the Mysteries and Crimes of Mormonism, Being an Exposé of the Secret Rites and Ceremonies of the Latter-Day Saints 497 (Natl. Publg. Co. c. 1870)Google Scholar. The accuracy of such an account is difficult to verify. As acknowledged during Reed Smoot's Senate hearings (discussed infra at pp. 702-703), the temple ceremony at the time did include an oath to pray for God to take vengeance upon those who murdered Joseph Smith. U.S. Sen. Doc. 486 (59th Congress, 1st Session) Proceedings Before the Committee on Privileges and Elections of the United States Senate in the Matter of the Protests Against the Right of Hon. Reed Smoot, a Senator from the State of Utah, to hold his Seat (Govt. Printing Off., 1906) vol. 1, 6–7Google Scholar. However, Beadle's claim that they also swore to “do all in their power towards the overthrow of that Government,” and that overt treasonous planning was afoot, is much more debatable, and even specious. In my view, the bias of his account seems obvious from the book's title. Mormons certainly were upset at the government that had abandoned them and allowed their prophet to be murdered, a hatred that carried on for some time. See Durham, supra n. 99, at 144 (“[Brigham Young] roundly cursed the murderers of Joseph Smith as well as ‘all the governors and presidents of the U.S.A.’ and voiced his opinion that… ‘if [the government] ever sent any men to interfere with us here they shall have there [sic] throats cut & sent to Hell.’”). However, this anger never, as Beadle claimed, seemed to boil into an active desire to overthrow the United States government—it was merely a desire to be left alone. See id. at 157-158 (quoting Brigham Young as saying later, in 1856, “All we care about is … for them [the federal government] to let us alone, to keep away their trash and officers so far as possible, to give us our admission into the Union just as we are …”). For a later description of Mormon temple ceremonies, compare the following account (the accuracy of which I can personally attest to): “No jot, iota, or tittle of the temple rites is otherwise than uplifting and sanctifying. In every detail [the ceremonies] contribute[] to covenants of morality of life, consecration of person to high ideals, devotion to truth, patriotism to nation, and allegiance to God.” Talmage, James E., The House of the Lord 100 (Signature Bks. 1912) (emphasis added)Google Scholar.

107. See Durham, supra n. 99, at 136.

108. See 18 Stat. 253,43 Cong. Ch. 469 (1873) (“Poland Act”).

109. See generally Richard D. Poll & Ralph W. Hansen, Buchanan's Blunder: The Utah War, 1857-1858, Military Affairs (autumn 1961).

110. One interesting account reports that Young, on his way west in 1846, bargained with the federal government to allow 500 Mormons to enlist to fight in the Mexican War in exchange for their salaries and much-needed informal amnesty until the Church could move further west. “And, as another bonus, the recruitment would give the Mormons an opportunity to demonstrate their loyalty to the United States, or as President [James K.] Polk wrote in his diary, ‘attach them to our country, & prevent them from taking part against us.’” Durham, supra n. 99, at 124.

111. See e.g. D&C 101:77-78, 80 (“[T]he laws and constitution of the people … should be maintained for the rights and protection of all flesh ….”); Oaks, Dallin H., The Divinely Inspired Constitution, Ensign 68 (02 1992)Google Scholar.

112. Ferris, Benjamin G., Utah and the Mormons: The History, Government, Doctrines, Customs, and Prospects of the Latter-day Saints 187 (Harper & Bros. 1854)Google Scholar.

113. For a fascinating account of the design and development of early Mormon communities in Utah, see Nelson, Lowry, The Mormon Village (U. Utah Press 1952)Google Scholar.

114. Durham, supra n. 99, at 139.

115. Ferris, supra n. 112, at 185.

116. Utah became the 45th state on Jan. 4, 1896. See Utah History To Go, http://historytogo.utah.gov/facts/index.html (accessed Feb. 5, 2008).

117. I feel no need to detail Utah's shift from a theocratic monarchy to a democratic U.S. state. This subject has been written about extensively. See e.g. Durham, supra n. 99, at 157-164. Suffice it to say, it was a long and hard road, but Utah eventually won its statehood and at least superficial acceptance by the rest of America.

118. See e.g. Church of Jesus Christ of Latter-day Saints, Church Reemphasizes Political Neutrality, Dec. 6, 2007, http://www.lds.org/ldsnewsroom/v/index.jsp?vgnextoid=2ced329706ca6110VgnVCM100000176f620aRCRD&vgnextchannel=9ae411154963d010VgnVCM1000004e94610aRCRD (accessed Feb. 21, 2008). This has not always been the case. As discussed supra n. 25, the first Mormons voted as directed by their leaders. It is unclear when this practice stopped. Senator Bob Bennett, a long-time Mormon politician, recalled his first encounter with the Church's political impartiality as follows:

[I]n the 1962 campaign [for a senate primary], Reed Benson (then-Elder [and later prophet Ezra] Benson's son) did a significant amount of campaigning in church buildings …. [Later that year,] after losing the primary … Reed joined the John Birch Society.

The church issued two formal statements in the form of a First-Presidency statement printed on the front page of the Deseret News: The first one saying it's inappropriate to use church buildings for campaign purposes—and that was widely interpreted as being a slap at Reed—and the second one [saying] that the church was not aligned with the John Birch Society, and that members were free to join the John Birch Society or free to stay away from the John Birch Society either way, and my guess is that the “tightening on the reigns” [on the Church's involvement in politics began there, though I could be mistaken].

Interview with Bob Bennett, supra n. 83.

119. There are notable exceptions. The Church is, for example, officially against abortion except in cases of rape, incest, and danger to the health of the mother. The Church of Jesus Christ of Latter-day Saints, Answer—What is the Church's Position on Abortion?, http://www.monnon.org/mormonorg/eng/basic-beliefs/glossary/glossary-definition/abortion (accessed Feb. 21, 2008). Even more notable—and unusual in the extent of its political involvement—has been the Church's official active participation in efforts to promote a “traditional marriage” amendment, an issue Church leaders apparently feel too strongly on to be ambiguous about. See Speckman, Stephen, LDS Church Signs Letter on Traditional Marriage, Deseret Morning News Al (04 25, 2006)Google Scholar. For a critical view of these efforts, see Morris, Robert J., “What Though Our Rights Have Been Assailed?”—Mormons, Politics, Same-Sex Marriage, and Cultural Abuse in the Sandwich Islands, 18 Women's Rights L. Rep. 129 (winter 1997)Google Scholar.

120. Nibley, supra n. 17, at 130.

121. Young, Brigham, Journal of Discourses 8:79Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 24).

122. Young, Brigham, Journal of Discourses 1:111Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 27).

123. Larry Clarkson, He Did Cast Himself into the Sea, in New Genesis, supra n. 26, at 95 (quoting Brigham Young without citation).

124. Young, Brigham, Journal of Discourses, 11:136Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 33).

125. Watson, Elden J., Manuscript History of Brigham Young, 1846-1847, at 88 (J. Watson 1971)Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 40). Joseph Smith gave a similar instruction once. After protecting a few rattlesnakes from imminent destruction at the hands of his campmates, Smith bemoaned the senseless waste of fauna:

When will the Lion lie down with the Lamb and the venom of the Serpent cease, while man seeks to destroy and waste the flesh of beasts, waging a continual war against reptilesf?] [L]et man first get rid of his destructive propensities and then we may look for a change in the serpents' disposition.

Bushman, supra n. 38, at 241. His words succeeded in limiting the killing of animals to necessity, at least for a time. Id.

126. See Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 40.

127. The Latter-Day Saints' Millenial Star 18:679Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 40). See also Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 40-41.

128. Alexander, supra n. 56, at 16, 19-20.

129. See Andrew H. Hedges, “Compassion Upon the Earth”: Man, Prophets, and Nature, in Stewardship and the Creation, supra n. 57, at 85; Alexander, supra n. 57, at 18, 22. Utah Mormons' relationship with predator populations has not healed. For an account of the current debate over the return of gray wolves to the region, see Clark S. Monson, A House Divided: Utah and the Return of the Wolf, in Stewardship and the Creation, supra n. 57, at 121-139.

130. Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 23.

131. Young technically was governor only from 1850-58, though he remained prophet and heavily influential politically until his death in 1877.

132. Alexander, supra n. 57, at 16, (citing Hyde, Orson, Instructions Concerning Things Temporal and Spiritual… October 7, 1865, in Young, Brigham, Journal of Discourses 11:147–151)Google Scholar.

133. Durham, supra n. 99, at 148.

134. BoM 3 Nephi 26:19 (describing an Utopian society on the American continent after Christ's visit there after his resurrection); BoM 4 Nephi 1:3 (same).

135. Young, Brigham, Journal of Discourses 13:304Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 38-39).

136. Originally, as discussed infra this section, the instruction was literal and explicit: Mormons were asked to give title to all property to the Church. The modern instruction is technically the same, but the level of personal sacrifice demanded is simply less. In other words, Mormons were and are asked simply to be willing and able to make such a sacrifice if asked: “The law of consecration is that we consecrate our time, our talents, and our money and property to the cause of the Church: such are to be available to the extent they are needed to further the Lord's interests on earth.” McConkie, Bruce R., Obedience, Consecration, and Sacrifice, Ensign 50 (05 1975)Google Scholar. Such complete sacrifice is not asked of modern Mormons simply because it is not needed any more:

We are not always called upon to live the whole law of consecration and give all of our time, talents, and means to the building up of the Lord's earthly kingdom. Few of us are called upon to sacrifice much of what we possess, and at the moment there is only an occasional martyr in the cause of revealed religion.

Id. Modern Mormons are, however, explicitly commanded to donate ten percent of their gross income to the Church. See e.g. Johnson, Daniel L., The Law of Tithing, Ensign 35 (11 2006)Google Scholar.

137. Romney, Marion G., Church Welfare—Some Fundamentals, Ensign 89, 89 (01 1974)Google Scholar.

138. See D&C 42:30-39.

139. See id.

140. Technically, “Mormons could not have legal title to Utah land until 1868, when a treaty ended the Indian claim” to the land. Durham, supra n. 99, at 133 n. †.

141. Young, Brigham, Journal of Discourses, 1:252Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 35).

142. Young, Brigham, Journal of Discourses, 8:125Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 48). For the similar view of Young's counselors at the time, see Craig D. Galli, Stewardship, Sustainability, and Cities, in Stewardship and the Creation, supra n. 57, at 52.

143. Young, Brigham, Journal of Discourses 10:298Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 33). Critics would quickly point out the irony that, once the practice ceased, Young became one of the richest men in Utah.

144. Durham, supra n. 99, at 142. These water-use practices were codified by the territorial legislature within a few years. Id.

145. Id.

146. See generally Thorson, John E.et al., Dividing Western Waters: A Century of Adjudicating Rivers and Streams, 8 U. Denv. Water L. Rev. 355, 400–405 (spring 2005)Google Scholar.

147. Gunnison, J.W., The Mormons, or, Latter-Day Saints, in the Valley of the Great Salt Lake: A History of their Rise and Progress, Peculiar Doctrines, Present Condition, and Prospects 146 (Paradigm Publications 1856)Google Scholar.

148. The Latter-Day Saints' Millenial Star 22:738Google Scholar (quoted in Hugh Nibley, Stewardship of the Air, in Brother Brigham, supra n. 17, at 57).

149. Hugh Nibley, Stewardship of the Air, in Brother Brigham, supra n. 17, at 66-67.

150. Alexander, supra n. 57, at 23.

151. See McCleery v. Highland Boy Gold Min. Co., 140 F. 951 (C.C.D. Utah 1904), appeal dismissed 146 F. 1023 (8th Cir. 1906); Am. Smelting & Refining Co. v. Godfrey, 158 F. 225 (8th Cir. 1907); Anderson v. Am. Smelting & Refining Co., 265 F. 928 (D. Utah 1919).

152. Alexander, supra n. 57, at 23.

153. Utah contains no fewer than six active National Priority List “Superfund” sites that are the direct result of these industries. See U.S. Environmental Protection Agency, Region 8—Superfund, http://www.epa.gov/region8/sf/ut_sf.html (accessed Feb. 2, 2008).

154. Young, Brigham, Journal of Discourses 1:254Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 29).

155. See Alexander, supra n. 57, at 17, 21.

156. Id. at 22.

157. Thorson et al., supra n. 146, at 404.

158. See Galli, supra n. 142, at 52.

159. Thorson et al., supra n. 146, at 404-405.

160. “Like nervous teenagers tugging at a loose piece of yarn, the herders disentangled the interwoven traditions of entrepreneurship and stewardship … in an environmentally destructive rush for free and unregulated herd grounds in the mountains.” Alexander, supra n. 57, at 23.

161. Id. at 24-25.

162. See supra n. 129.

163. Young, Brigham, Journal of Discourses 11:112Google Scholar (quoted in Hugh Nibley, Brigham Young on the Environment, in Brother Brigham, supra n. 17, at 34).

164. Greg Hanscom (editorial), Toppling Monoliths in Mormon Country, High Country News (Dec. 22, 2003) (available at http://www.hcn.org/servlets/hcn.Article?article_id=14451).

165. See Alexander, supra n. 57, at 26; Alexander, Thomas G., Sylvester Q. Cannon and the Revival of Environmental Consciousness in the Mormon Community, Envtl. Hist. (10 1998) (available at http://www.findarticles.eom/p/articles/mi_qa3854/is_199810/ai_n8813507/print)Google Scholar.

166. At the urging of [then-prophet] Joseph F. Smith … a special general priesthood meeting voted in 1902 to support the withdrawal of all public lands in the mountains adjacent to Utah's occupied valleys from market, and to transfer them into forest reserves in order to protect fragile watersheds.

Alexander, supra n. 165 at ¶ 8.

167. Alexander, supra n. 57, at 25; Famous Mormons in Politics, supra n. 6.

168. For an account of the multi-year attack on Smoot and a full history of the fascinating hearings, see Flake, Kathleen, The Politics of American Religious Identity: The Seating of Senator Reed Smoot, Mormon Apostle (U.N.C. Press 2004)Google Scholar. See also Richard Bushman (preliminary remarks), in Symposium, supra n. 90.

169. Alexander, supra n. 57, at 25.

170. Thomas G. Alexander, Latter-Day Saints, Utahns, and the Environment: A Personal Perspective, in New Genesis, supra n. 26, at 208.

171. Entries in his personal journal reveal a savvy and influential politician who used his skill to promote an environmental agenda:

[Wednesday, January 17, 1912:] The first meeting of [the Committee on] Public Lands was held since my appointment as Chairman. Had twelve members present. Discussed the question of legislation providing for leasing the Government lands containing oil, coal, gas, phosphate, Iron with 75% of gross receipts being paid to the State in which such leases are made. We did not reach a conclusion. Such a proposition will be bitterly fought.

….

[Monday, August 19, 1912:] Was at the office early. Had a number of callers. … I had to go over to the house and get James Mann to withdraw his objection to the passage of my bill authorizing Agriculture enters on withdrawn oil and gas lands in the State of Utah. He did so and the bill passed.

In the World: The Diaries of Reed Smoot 132, 156 (Heath, Harvard S. ed., Signature Bks. 1997)Google Scholar.

172. Alexander, supra n. 57, at 25.

173. See generally Schapsmeier, Edward L. & Schapsmeier, Frederick H., Ezra Taft Benson and the Politics of Agriculture: The Eisenhower Years, 1953-1961 (Vero Medici Inc. 1975)Google Scholar. Full-time Church leaders (“General Authorities”) always asked the prophet prior to accepting public appointments or office. Such dual roles for General Authorities have been more and more discouraged. Since 1989, General Authorities have even refused to accept new appointments to corporate board positions. Interview with Representative Chris Cannon, supra n. 83.

174. Bonta, Steve, A Man of Character, New Am., vol. 16, no. 5 (02 28, 2000)Google Scholar.

175. Benson, Ezra Taft, Crossfire: The Eight Years With Eisenhower 602 (Greenwood Press 1962)Google Scholar.

176. See generally Schapsmeier, supra n. 173.

177. Time, cover (May 7, 1956). He continued to be in the public spotlight throughout the 1960s even after the Eisenhower administration ended in 1961, though he increasingly became known for his anti-communist stance instead of for his agricultural career. He authored several books on the subject, including The Red Carpet (Bookcraft 1962), Title of Liberty (Deseret Bk. Co. 1964), and An Enemy Hath Done This (Parliament Publishers 1969)Google Scholar. For an example of one of his fiery political speeches, see Benson, Ezra T., Stand Up For Freedom, http://www.awakeandarise.org/Benson.htm (accessed 02 2, 2008) (audio recording)Google Scholar. His anti-communist stance began in response to what he perceived as socialist farming policies during the Roosevelt administration, suspicions which turned out to be valid (as the Department of Agriculture was a haven for communist supporters). Bonta, supra n. 174. His hatred of communists was exacerbated by personal interactions with a Russian ambassador during Benson's tenure in the Cabinet. See id.; Ezra Taft Benson Our Immediate Responsibility, Devotional Address at BYU (c. 1968), http://www.awakeandarise.org/media/benson/Benson_Kruschev.mp3 (audio recording) (accessed Feb. 2, 2008).

178. Benson Institute, A Brief History of the Benson Institute, http://benson.byu.edu/TheInstitute/BriefHistory.asp (accessed Feb. 5, 2008). The Institute works with non-profits and universities to develop and fund proposals and publishes journals, ranging in subject from improving the genetic quality of quinoa for Bolivia to establishing viable potable water systems in Ecuador to proving simple food storage tips for Americans. See Benson Institute, Field Work of the Benson Institute, http://benson.byu.edu/FieldWork/index.asp (accessed Feb. 21,2008).

179. See e.g. Benson, Ezra Taft, Ministering to Needs Through the Lord's Storehouse System, Ensign 82 (05 1977)Google Scholar.

180. Deseret Morning News, supra n. 5, at 189-90, 195, 203, 213, 215, 226, 240, 242-43, 245, 250, 259, 261, 267, 270, 273, 290, 292, 297. The three highest are Wyoming (11%), Idaho (27%), and Utah (72%).

181. See sources cited supra n. 6.

182. Senator Reid declined an interview request for this article; a representative would only say “his faith is very personal to him.” Telephone interview with Robin McCain, Press Secretary to Senator Harry Reid, June 21, 2007.

183. Senator Crapo declined an interview request for this article, without comment.

184. Interview with Senator Bob Bennett, supra n. 83.

185. Id.

186. D&C 59.

187. Interview with Senator Bob Bennett, supra n. 83.

188. Interviews with Representatives Rob Bishop & Chris Cannon, supra n. 83.

189. Interview with Representative Chris Cannon, supra n. 83.

190. Interview with Representative Rob Bishop, supra n. 83.

191. Interview with Representative Chris Cannon, supra n. 83.

192. A general term for the Utah territory used by early Mormons and originally proposed as the name for the new state. See Dictionary.com entry “deseret,” http://dictionary.reference.com/browse/deseret (accessed Feb. 2, 2008). Today the term is still used, though in a more nostalgic sense. See e.g. Eliza R. Snow, In Our Lovely Deseret, in Hymns of the Church of Jesus Christ of Latter-day Saints #307 (LDS Church 1985 ed.).

193. Bennett passionately added the following anecdotes of farming constituents:

I was startled to have a group of Utah constituents, mainly women, who came back here to lobby against some of the environmental proposals coming out of the Clinton administration, saying “this is affecting our livelihoods, this is affecting our homes ….” They were told in another office (obviously not a western senator), “You have no right to live on that land. We're delighted to hear that our policies are driving you bankrupt and that you will be forced to move to a city where you belong.”

I've quoted often … the statement that occurred to me early in my campaign … in Monticello. I was having dinner with a group of activists. … As we were walking out, one of the women said “Bob, look around. What do you see?” I hadn't the slightest idea what she was talking about, so I look around. She said “It's pristine, isn't it?” I said “Yeah.” She said “My family and I have made our living off this land for five generations. Tell me we don't love this land.”

Interview with Senator Bob Bennett, supra n. 83.

194. Id. To obtain a temple recommend (the admission pass to enter temples, the holiest Mormon buildings), a member must pass a series of worthiness interviews.

195. See Nancy Menning, National Forest Management: LDS Views in Eastern Arizona, in Stewardship and the Creation, supra n. 57, at 101, 105-106.

196. Lyman Hafen, Sacred Ground, in New Genesis, supra n. 26, at 23.

197. Steven L. Peck, An Ecologist's View of Latter-Day Saint Culture and the Environment, in Stewardship and the Creation, supra n. 57, at 167.

198. The League of Conservation Voters gave Representatives Cannon and Bishop matching scores of 0% as a 2005 environmental voting record. League of Conservation Voters, National Environmental Scorecard '05, http.//www.lcv.org/images/client/pdfs/LCVScorecard_05__FINAL_lores.pdf (accessed Feb. 21, 2008). As for the Mormon Senators, the League predictably scored them directly along party lines (100% for Democrat Reid, 45% for moderate Republican Smith, and 5-10% for the remaining Republicans). Id. at 17, 19-20.

I should note that, as one who considers himself sensitive to environmental issues, I (and several other environmentalists I know) put very little weight in the League's scores. In the game of political give-and-take, and in this modern era of “poison pills” and other riders, a flat yes-or-no vote rarely is sufficient to truly rank the priorities or inclinations of any politician.

199. Peck, supra n. 197, at 167.

200. On a personal note, I attended the same congregation as Mr. Leavitt on a few occasions during my first year of law school. I did not know him well, however, and only spoke with him briefly, on one occasion.

201. “While at EPA, Leavitt signed the Clean Air Diesel Rule, implemented new, more-protective air quality standards for ozone and fine particle pollution and organized a regional collaboration of national significance to clean and protect the Great Lakes.” The White House, Biography of Michael Leavitt, http://www.whitehouse.gov/government/leavitt-bio.html (accessed Feb. 2, 2008).

202. Activists See IG Study Aiding Arguments In EPA NSR Reconsideration, 41 Inside the EPA (Oct. 8, 2004), 2004 WLNR 71805.

203. See Jerry Spangler, ‘Greens’ Take Aim at Leavitt, Deseret Morn. News B1 (Nov. 16. 2004).

204. Amazingly, the new regulations, signed by Leavitt…, pleased nearly everyone. Environmental groups and manufacturers of diesel engines are both happy. The oil industry and state air pollution control authorities are equally gladdened. The EPA deserves high praise for this accomplishment.

Opinion, Diesel Emission Rules Are Breath of Fresh Air, The Republican A8 (May 12, 2004).

205. One commentator described the process leading to the Clean Air Diesel Proposal and praised Leavitt:

What officials did was to invite everyone into the room and ask them what they wanted. That's unusual enough these days. Then they went one step further. They actually listened.

Environmental groups wanted the amount of sulfur in diesel fuel greatly reduced. The oil industry and engine manufacturers said they could accomplish that, but not as quickly as the environmentalists desired.

So a compromise was worked out.

…

The resultant decrease in pollution will save an estimated 12,000 lives each year. [It will also] cut by 6,000 the number of asthma-related hospital visits by children and will result in 15,000 fewer heart attacks annually.

The news from the EPA is heartening—literally. And the way it came to pass should serve as a blueprint for future regulatory changes.

If you bring people together and listen to them, you might actually manage to clear the air.

Id.

206. As one former EPA employee put it, there was a general sense at EPA while Leavitt was Administrator that it was a very positive place to work, that Leavitt truly enjoyed working on the environmental issues, and that we were doing something good for the environment—regardless of whether [we] agreed with [President] Bush's environmental policy.

Personal correspondence with Catherine Campbell, Special Assistant to the Associate Administrator of the Office of Policy, Economics, and Innovation (2003-05) (July 27, 2006) (on file with author).

207. Id.

208. Id.

209. Eastland, Terry, In 2008, Will It Be Mormon in America?, 10 Wkly. Stand., issue 36 (06 6, 2005)Google Scholar; Beam, Alex, Are We Ready for a Mormon President?, Boston Globe (07 21, 2005)Google Scholar; Evans, James L., Are We Ready for a Mormon President?, Decatur Daily (online ed.) (07 22, 2006) (available at http://legacy.decaturdaily.com/decaturdaily/religion/columns/060722.shtml)Google Scholar.

210. See Sataline, supra n. 10 (summarizing religious-based opposition to Romney's candidacy).

211. See Mehren, Elizabeth, A Mormon for President? Voters Balk, L.A. Times (07 3, 2006) (2006 poll)Google Scholar; Sataline, supra n.10 (2008 poll).

212. See Helman, supra n. 10.

213. See Martin, Jonathan, Mitt Unplugged, Politico.com, 08 4, 2007Google Scholar, 10:12am (available at http://www.politico.com/blogs/jonathanmartin/0807/Mitt_unplugged.html) (quoting Romney as saying during a radio interview “I'm not running as a Mormon, and I get a little tired of coming on a show like yours and having it all about [sic] Mormon.”); Keck, Kristi, Romney: President Needs Prayers of People of All Faiths (12 6, 2007), http://www.cnn.com/2007/POLITICS/12/06/romney.speech/index.htmlGoogle Scholar (accessed Feb. 21, 2008) (reporting Romney's landmark speech about how religion influences his policies).

214. Romney declined a request to be interviewed for this article.

215. Galli, supra n. 142, at 44 (quoting inactive webpage).

216. Campaign for Sensible Growth, Legislative brief, Romney Selects Environmentalist to Head New Cabinet Post; Links Transportation, Environment Housing Under One Authority, Jan. 9, 2003, http://www.growingsensibly.org/news/printable.asp?objectID=1233 (accessed Feb. 2, 2008).

217. Id.

218. Taylor, James M., Massachusetts Gov. Romney Unveils Climate Protection Plan, Env. News (07 1, 2004)Google Scholar (available at http://www.heartland.org/Article.cfm?artId=15250) (quotisng Environment & Energy Daily (May 7, 2004)).

219. Id. Not all requirements were optional, however; the Plan forced Massachusetts to adopt the California low-emission vehicle mandate, and it required many of the state's largest businesses to report publicly their carbon dioxide emissions. Id.

220. Daley, Beth, States to Move on Cutting Emissions; Reluctant Mass May be Left Behind, Boston Globe (12 2, 2005)Google Scholar.

221. Little, Amanda Griscom, Mitt Romney's Mistake: Bowing to Big Business, the GOP Governor and Presidential Hopeful Flip-Flops on Clean Air for New England, Salon.com. (01 28, 2006)Google Scholar.

222. See videos and quotes of various campaign speeches, http://www.grist.org/feature/2007/11/13/romney_factsheet (accessed Feb. 21, 2008).

223. For example, a controversial proposal (controversial even among environmentalists) to install wind turbines off Nantucket failed to get Romney's support—but it also failed to get the support of the leading liberal voice in the U.S. Senate, Democrat Edward Kennedy. Catherine Komp, Cape Cod Wind Farm Could Face Romney Veto, New Stand. (Apr. 21, 2006) (http://newstandardnews.net/content/index.cfm/items/3083 (link no longer accessible; a photocopy of this source is on file with the publisher). In 2006, Romney signed an expansive bill to reduce mercury contamination in the commonwealth by requiring higher industry recapture rates and by prohibiting the sale of items with mercury-free alternatives. Massachusetts Executive Department, press release, Governor Romney Signs Mercury Reduction Bill (July 28, 2006).

224. Nagourney & Goodstein, supra n. 210; see also Keck, supra n. 213.

225. See Richard Bushman (preliminary remarks), in Symposium, supra n. 90.

226. See Church of Jesus Christ of Latter-day Saints, Church Reemphasizes Political Neutrality, supra n. 118.

227. For a thoughtful and eloquent analysis of how Romney's Mormon roots might have influenced his politics generally (made prior to Romney's landmark religion speech mentioned supra, n. 213), see Richard Bushman (preliminary remarks), in Symposium, supra n. 90.

228. D&C65:2.

229. Deseret Morn. News, supra n. 5, at 188, 302, 457, 480.

230. Id. at 353, 371, 403, 404, 412, 434.

231. Voyages of Faith: Explorations in Mormon Pacific History xvii (Underwood, Grant ed., BYU Publications 2000) [hereinafter Voyages of Faith]Google Scholar.

232. See generally Jeffrey S. Stover, “Wars and Rumors of Wars”: The Perceived Threat of the “Mormon Invasion” of Hawai'i, in Vovages of Faith, supra n. 231.

233. Id. at 24.

234. See e.g. Lance D. Chase, The Hawaiian Mission Crisis of 1874: The ‘Awa Rebellion Story, in Voyages of Faith 59-70, supra n. 231.

235. See S. George Ellsworth, New Wine and Old Bottles: Latter-Day Saint Missionary Work in French Polynesia, 1855-1852, in Voyages of Faith, supra n. 231, at 16-17. For example, the Bible had already been translated into Tahitian. Id.

236. Grant Underwood, Mormonism and the Shaping of Maori Religious Identity, in Voyages of Faith 107, 113, supra n. 231.

237. Id.

238. Vernice Wineera & Rubina Rivers Forester, The Polynesian Cultural Center: Reflections and Recollections, in Voyages of Faith 209, 212, supra n. 231.

239. Grandy, David, Mormonism and Native Hawaiian Religion: It's a Small World After All, in Mormon Pacific Historical Society, Sixteenth Annual Conference, Mormon History in the Pacific 34, at 38–39 (available at http://contentdm.lib.byu.edu/cdm4/document.php?CISOROOT=/MPHS&CISOPTR=1153&REC=2)Google Scholar.

240. Id. at 39.

241. Id. at 38.

242. Osmundsen, Lori, comment, Paradise Preserved? The Contribution of the SPREP Convention to the Environmental Welfare of the South Pacific, 19 Ecology L.Q. 727, 730 (1992)Google Scholar.

243. Id.

244. Id. at 731.

245. Id. at 732.

246. Id. at 738-739.

247. Mushkat, Roda, International Environmental Law in the Asia-Pacific Region: Recent Developments, 20 Cal. West. Intl. L.J. 21, 38 (1989)Google Scholar.

248. Great Brittan annexed New Zealand and France had just annexed Tahiti when the first Mormon missionaries arrived. See Osmundsen, supra n. 242, at 733-734. The two countries proceeded in an island-grabbing race that would last through the remainder of the century, with Germany and finally the United States joining in. Id. at 734.

249. See e.g. Lowe, Howard, Walter Murray Gibson: Shepherd L.D.S. Leader of Lanai, in Mormon Pacific Historical Society, Third Annual Conference, Mormon History in the Pacific 41, http://contentdm.lib.byu.edu/cdm4/document.php?CISOROOT=/MPHS&CISOPTR=1155&REC=2 (accessed Feb. 5,2008)Google Scholar.

250. Billings, Anne, You Can Make a Difference: Paul Cox—Preserving God's Creations, Liahona 32 (11 1998)Google Scholar. It is not clear where Cox was raised; it appears it was outside Polynesia. However, he has spent the majority of his adult career in the Pacific Islands, protecting Polynesian natural interests.

251. Woodruff, Alexandra L., Being a Mormon Environmentalist, The Zephyr 22 (08-Sept. 2000) (available at http://www.canyoncountryzephyr.com/archives/mormon-environmentalist.html)Google Scholar.

252. Billings, supra n. 250. Fellow Mormon environmentalists in America chipped in to prevent the need for these sacrifices. Id.

253. The Institute for Ethnomedicine, Paul Alan Cox, http://www.ethnomedicine.org/about/pcox.asp (accessed Feb. 2, 2008).

254. Seacology, http://www.seacology.org (accessed Feb. 2, 2008).

255. See e.g. Conrow, Joan, The Medicine Man—Paul Cox is one of a small breed of scientists trying to bring Native healing methods to the modern world, National Wildlife (06-July 2001)Google Scholar (available at http://fmdarticles.eom/p/articles/mi_m1169/is_2001_June-.luly/ai_76028896).

256. Gerber, Suzanne, The Scientist's scientist—Ethnobotanist Paul Alan Cox—A Search for Miracles, Vegetarian Times (11 1998)Google Scholar (available at http://www.findarticles.eom/p/articles/mi_m0820/is_n255/ai_21224855/print).

257. Famous Mormons in Politics, supra n. 6.

258. Faleomavaega Biography, http://www.house.gov/faleomavaega/bio.shtml (accessed Feb. 2, 2008).

259. H.R. 4788 (2006).

260. H.Res 692 (2006); H.Res 905 (2006).

261. This is likely the result of (1) the limitations that small communities have in sustaining more than one church, (2) the influence of custom in Polynesian society, and (3) the influence of prior political and social leaders. See Paterson, Don, New Impulses in the Interaction of Law and Religion: A South Pacific Perspective, 2003 BYU L. Rev. 593, 617–620 (2003)Google Scholar.

262. Wineera & Forester, supra n. 238, at 219.

263. Osmundsen, supra n. 242, at 783. The Pacific Conference of Churches is Polynesia's regional division of the World Council of Churches. See World Council of Churches, http://www.oikoumene.org (accessed Feb. 2, 2008).

264. Woodruff, supra n. 251.

265. Handley, George & Alexander, Thomas, A Response to Richard Foltz's Article “Mormon Values and the Utah Environment,” 5 Worldviews 223, 224 (2001)CrossRefGoogle Scholar.

266. Cf. D&C 121:39 (“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.”).

267. Handley & Alexander, supra n. 265, at 225.

268. Reed E. Harris, “Oh Say, What is Truth?,” in Stewardship and the Creation, supra n. 57, at 76.

269. See Hunter, Lori M. & Toney, Michael B., Religion and Attitudes Toward the Environment: A Comparison of Mormons and the General U.S. Population, 42 Soc. Sci. J. 25, 36 (2005)CrossRefGoogle ScholarPubMed.

270. Id.

271. See Gotlieb, Roger S., A Greener Faith: Religious Environmentalism and Our Planet's Future 134–139 (Oxford U. Press 2006)CrossRefGoogle Scholar.

272. Presbyterian Church (U.S.A.) General Assembly, Resolution, Item 09-22, 217th General Assembly (2006).

273. See Gotlieb, supra n. 271, at 106-107, 125-126.

274. The modern Church's tertiary business and charitable efforts do not give any more guidance. One example one might review, though still ambiguous, would be the Church's choice to provide disaster aid to tsunami victims in 2006 by replacing their fishing equipment, rather than by some other, arguably more eco-friendly support. See Fishermen Return to Sea After Church Donation, press release (Oct. 19, 2006), http://www.lds.org/ldsnewsroom/v/index.jsp?vgnextoid=81d522526078f010VgnVCM100000176f620aRCRD&vgnextchannel=9ae411154963d010VgnVCM1000004e94610aRCRD (accessed Feb. 2, 2008).

275. I cannot, of course, predict the course Mormon leaders will steer. The Mormon congressmen interviewed all predicted that the Church would never (or at least not soon) make any statement on environmental issues, much less urge a course of action. Interviews with Senator Bob Bennett, Representative Rob Bishop, and Representative Chris Cannon, supra n.83. The Church was under intense social pressure during the early twentieth century (as were all religions of the era) to make an official statement regarding evolution. After much debate, including among Church leaders, the Church released official statements on the issue in 1909 and 1925—which were carefully worded and remarkably ambiguous, especially considering the fiery anti-evolution statements of many religious leaders at the time. See Evenson, William E. & Jeffery, Duane E., Mormonism and Evolution: The Authoritative LDS Statements 13-25, 29–33 (Kofford Books 2005)Google Scholar. If the rugged men who led the Church in 1909 could find such restraint during that volatile debate, it seems to me unlikely that modern leaders will begin an outspoken crusade against pollution.

Nevertheless, the Church has responded and I predict will continue to respond to what it perceives as theological threats. An affirmative example was the release of an official, even canonized, statement, The Family: A Proclamation to the World, explicitly in response to a perceived deterioration of the family (and clearly in response to loosened sexual mores, same-sex marriage movements, and abortion). See generally Eyring, Henry B., The Family, Ensign 10 (02 1998)Google Scholar (discussing each paragraph of the Proclamation). A negative example was the retraction of the practice of polygamy in 1890, which, although purportedly divinely inspired, was surely in part a response to explicit threats from the United States. See Note, Harmer-Dionne, Elizabeth, Once a Peculiar People: Cognitive Dissonance and the Suppression of Mormon Polygamy as a Case Study Negating the Belief-Action Distinction, 50 Stan. L. Rev. 1295 (1998)CrossRefGoogle Scholar (arguing that the criminalization of polygamy effectively forced a change in Mormon belief). Only time will tell whether an environmental issue could rise to such a level in the Mormon leadership's eyes.

276. Hafen, supra n. 196, at 23.

277. Alexander, supra n. 165.

278. See supra at pp. 698-700.

279. See supra n. 166.

280. Harris, supra n. 268, at 76 (emphasis added).

281. Larry Young, Embracing the Call, in New Genesis, supra n. 26, at 128.

282. Including criticism by fellow Mormons. See e.g. Harris, supra n. 268, at 73-76.

283. Senator Bennett admitted to having never before explicitly thought about the relationship between his faith's teachings on the creation and what they might imply for environmental policies. Interview with Senator Bob Bennett, supra n. 83. As a life-long Mormon and someone intimately involved in formulating environmental policies, if he had never thought to formulate a balance, it is likely that the number of Mormons who have given thought to this issue is very small indeed.

284. Young, supra n. 281, at 129.

285. D&C 59:20.

286. Harris, supra n. 268, at 76.