Legal: Assuming that the actions of the people of Gideon were legal, we may discern something of the nature of this particular Nephite law in the presence of Korihor before the judge in the land of Gideon. When Korihor is bound up and brought forth before the judge, the judge must discern that on which he should be judged. In that light we may examine the nature of the judge’s questions to note what was and was not legal.
First, notice what is not asked of Korihor. Korihor is not asked why he does not believe. He is not asked, directly, to defend his ideas (though Korihor will take advantage of the situation to expound his ideas). What we therefore notice is that the judge does not question, nor apparently concern himself, with what Korihor believes. By not questioning Korihor’s beliefs he obeys the law that allows Korihor to believe as he will.
What the judge does ask is why Korihor is preaching these things. This is a subtle difference, which Korihor chooses to ignore in his response. The difference focuses not on the belief, but upon the actions to persuade others to adopt that belief. The Nephite law protects belief, but not the potentially socially disruptive effects of preaching dissident ideas with the idea of fomenting fission in the society. We must again remember that in the ancient world religion, politics, and science were firmly enmeshed, even though Nephtie society had a greater division between politics and religion that most communities. Nevertheless, the alteration of religious ideas would have political consequences. In the past the alterations in religion led to shifts in political alliances with many defecting to the Lamanites. The story that will unfold from now to the arrival of the Savior in the New World will be one of increasing internal schism, related to this combination of politics and religion.
This Book of Mormon division between the thought and the overt attempt to preach division is echoed in the modern church’s typical position to differences of opinion among the members of the church. It is no crime to hold various beliefs that differ from the main body of the church. It is very possible that many may have differing views of even fundamental concepts such as faith, and still be fully active and contributing members of ward and stake communities. What cannot happen, however, is that people with different ideas begin to attempt to convert others to those ideas with the idea of creating division among the Saints. That divisiveness is the sin, not the idea.