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Virginia Statute for Religious Freedom (annotated transcript)
The Virginia Statute for Religious Freedom is both a statement about freedom of conscience
and the principle of separation of church and state. Written by Thomas Jefferson and passed by
the Virginia General Assembly on January 16, 1786, the Statute is the forerunner of the first amendment protections
for religious freedom. Divided into three paragraphs, the statute is a statement of
Jefferson's philosophy.
The first paragraph is both a statement of natural right and Jefferson's deism -- that is, the belief
that God created the world and along with it, man's capacity to rule himself. Deists believe that
although God is the creator, He is not actively involved in worldly affairs. God has granted individuals
freedom of conscience in religious matters and any attempt to limit or restrict it is wrong.
I. Whereas Almighty God hath created the mind free; that all attempts to influence it by temporal
punishment 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 his Almighty power to do . . .
The second paragraph is the act itself, which states that no person can be compelled to attend
any church or support it with his taxes. It says that an individual is free to worship as he pleases
with no discrimination.
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.
The third paragraph reflects Jefferson's belief in the people's right, through their elected assemblies,
to change any law. Here, Jefferson states that this statute is not irrevocable because no
law is (not even the Constitution). Future assemblies that choose to repeal or circumscribe the
act do so at their own peril, because this is "an infringement of natural right." Thus, Jefferson
articulates his philosophy of both natural right and the sovereignty of the people.
III. And though we well know that this assembly elected by the people for the ordinary purposes of
legislation only, have no power to restrain the act of 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 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 be hereafter passed to repeal the present, or to narrow its operation,
such as would be an infringement of natural right.
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