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JEFFERSON'S
VIRGINIA STATUTE OF RELIGIOUS FREEDOM
January
16, 1786
Thomas
Jefferson drafted this statute in 1777. It was introduced
into the General Assembly when Jefferson was governor
in 1779. The statute was passed on January 16, 1786.
Thomas Jefferson specified for his tombstone the following
inscription: "Here was buried Thomas Jefferson,
Author of the Declaration of Independence, of the Statute
of Virginia for Religious Freedom, and Father of the
University of Virginia, because by these, as testimonials
that I have lived, I wish most to be remembered."
RJ&L
Religious Institutions Group
I. WHEREAS
Almighty God hath created the mind free; that all attempts
to influence it by temporal punishments or burthens, or
by civil incapacitations, tend only to beget habits of hypocrisy
and meanness, and are a departure from the plan of the Holy
author of our religion, who being Lord both of body and
mind, yet chose not to propagate it by coercions on either,
as was in his Almighty power to do; that the impious presumption
of legislators and rulers, civil as well as ecclesiastical,
who being themselves but fallible and uninspired men, have
assumed dominion over the faith of others, setting up their
own opinions and modes of thinking as the only true and
infallible, and as such endeavouring to impose them on others,
hath established and maintained false religions over the
greatest part of the world, and through all time; that to
compel a man to furnish contributions of money for the propagation
of opinions which he disbelieves, is sinful and tyrannical;
that even the forcing him to support this or that teacher
of his own religious persuasion, is depriving him of the
comfortable liberty of giving his contributions to the particular
pastor whose morals he would make his pattern, and whose
powers he feels most persuasive to righteousness, and is
withdrawing from the ministry those temporary rewards, which
proceeding from an approbation of their personal conduct,
are an additional incitement to earnest and unremitting
labours for the instruction of mankind; that our civil rights
have no dependence on our religious opinions, any more than
our opinions in physics or geometry; that therefore the
proscribing any citizen as unworthy the public confidence
by laying upon him an incapacity of being called to offices
of trust and emolument, unless he profess or renounce this
or that religious opinion, is depriving him injuriously
of those privileges and advantages to which in common with
his fellow-citizens he has a natural right, that it tends
only to corrupt the principles of that religion it is meant
to encourage, by bribing with a monopoly of worldly honours
and emoluments, those who will externally profess and conform
to it; that though indeed these are criminal who do not
withstand such temptation, yet neither are those innocent
who lay the bait in their way; that to suffer the civil
magistrate to intrude his powers into the field of -opinion,
and to restrain the profession or propagation of principles
on supposition of their ill tendency, is a dangerous fallacy,
which at once destroys ill religious liberty because he
being of course judge of that tendency will make his opinions
the rule of judgment, and approve or condemn the sentiments
of others only as they shall square with or differ from
his own; that it is time enough I ir the rightful purposes
of civil government, for its officers to interfere when
Principles break out into overt acts against peace and good
order; and finally, hat truth is great and will prevail
if left to herself, that she is the proper and sufficient
antagonist to error, and has nothing to fear from the conflict,
unless by human interposition disarmed of her natural weapons,
free argument and debate, errors ceasing to be dangerous
when it is permitted freely to contradict them.
II.
Be it enacted by the General Assembly, that no man shall
be compelled to frequent or support any religious worship,
place or ministry whatsoever, nor shall be enforced, restrained,
molested, or burthened in his body or goods, nor shall otherwise
suffer on account of his religious opinions or belief; but
that all men shall be free to profess, and by argument to
maintain, their opinion in matters of religion, and that
the same shall in no wise diminish, enlarge or affect their
civil capacities.
III.
And though we well know that this assembly, elected by the
people br the ordinary purposes of legislation only, have
no power to restrain the acts if succeeding assemblies,
constituted with powers equal to our own, and that therefore
to declare this act to be irrevocable would be of no effect
in law; yet as we are free to declare, and do declare, that
the rights hereby asserted are of the natural rights of
mankind, and that if any act shall hereafter be passed to
repeal the present, or to narrow its operation, such act
will be an infringement of natural right.
Source:
8 The Writings of Thomas Jefferson (Henry A. Washington
ed., 1853-54).
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