"A Bill for establishing Religious Freedom, printed for the consideration of the People"

Virginia Statute for Establishing Religious Freedom (1786)

The Virginia Statute for Establishing Religious Freedom was drafted by Thomas Jefferson and adopted by the General Assembly on January 16, 1786, before being signed into law three days later. The statute affirms the rights of Virginians to choose their faiths without coercion; separates church and state; and, while acknowledging the right of future assemblies to change the law, concludes that doing so would "be an infringement of a natural right." Jefferson's original bill "for establishing religious freedom," drafted in 1777 and introduced in 1779, was tabled in the face of opposition among powerful members of the established Church of England. Then, in 1784, a resolution calling for a tax to support all Christian sects excited such opposition that James Madison saw an opportunity to reintroduce Jefferson's bill. It passed both houses of the General Assembly with minimal changes to its text. One of the most eloquent statements of religious freedom ever written, the statute influenced both the drafting of the First Amendment to the United States Constitution and the United States Supreme Court's understanding of religious freedom. Jefferson considered it one of his crowning achievements and a necessary bulwark against tyranny. MORE...

 

Statute

The Virginia Statute for Establishing Religious Freedom begins with an extended preamble that provides commanding arguments for the necessity of religious freedom. Jefferson writes that "Almighty God hath created the mind free," and that "all attempts to influence it" by civil authorities, through financial burdens or legal punishments, only "beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion." As men who are "themselves but fallible," such politicians should not assume "dominion over the faith of others." And because religious beliefs do not bear on citizens' civil rights, restricting those beliefs "tends only to corrupt the principles of that very Religion it is meant to encourage." Jefferson goes on to argue that government should not regulate opinion and only protect citizens from "overt acts against peace and good order," and "that Truth is great, and will prevail if left to herself."

The statute then declares 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 opinions in matters of Religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities." The statute goes on to acknowledge that future assemblies may change the law; even so, "we are free to declare, and do declare that the rights hereby asserted, are of the natural rights of mankind," and any legislation that repeals the statute "will be an infringement of natural right."

Adoption

Before the American Revolution, the Church of England was the established church in colonial Virginia, meaning that colonists were legally required to attend its services and, through taxes, to support its ministers financially. In addition, the church's lay vestries controlled a number of governmental functions, including relief for the poor and the supervision of orphans. A number of laws discriminated in favor of Anglicans, and as the war approached, dissenters from the Church of England, particularly Presbyterians and Baptists, began to experience active persecution. Scores of ministers were incarcerated for disturbing the peace or preaching without a license, and some dissenters were assaulted. Deeply opposed to such persecution, James Madison inserted into the Virginia Declaration of Rights—authored by George Mason and adopted by the Virginia Convention on June 12, 1776—a provision that generally guaranteed the "free exercise of religion," but this left many issues still unresolved, in particular whether the new state could maintain an established church and support it with taxes.

By the time that the newly established House of Delegates met in the autumn of 1776, the state's leaders desperately needed the support of Virginia's religious dissenters in the war against Britain. A large and growing community that accounted for approximately one-fifth to one-third of the population, dissenters recognized their opportunity and insisted upon improvements in religious freedom in return for their support. Jefferson and Madison, sitting together on the Committee for Religion in the House of Delegates, subsequently led a successful effort to eliminate the religious tax on dissenters, but a number of restrictions on full religious liberty were still in place. While some of these were liberalized over the course of the war, at the war's end there were still restrictions on dissenting ministers' ability to perform the marriage ceremony, and Anglican vestries continued to control certain civil functions in most of the state.

In 1776, Jefferson also suggested that the House of Delegates appoint a committee to revise Virginia's colonial laws in order to remove vestiges of the monarchy and align them more closely with the state's republican principles and its new, independent status. As part of the revisal committee, and consistent with his own religious beliefs and Enlightenment philosophy, Jefferson produced "A Bill for Establishing Religious Freedom," declaring "that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry." Jefferson was elected governor on June 1, 1779, so in his stead John Harvie introduced the bill to the House of Delegates on June 12 amid debates over marriages performed by dissenting ministers and the future of church property. Jefferson's bill excited passions both in favor and against, and although it was read twice, the House postponed a third reading and eventually tabled the bill.

After the British surrendered at Yorktown in October 1781, the need for dissenters' support for mobilization largely evaporated. With the House of Delegates still dominated by Anglicans, dissenters' requests for greater religious freedom and separation of church and state were largely ignored, in sharp contrast to the war years. On November 11, 1784, a resolution supporting "a moderate tax or contribution, annually," to benefit all Christian sects—something that the dissenters had vehemently opposed during the war—was adopted by the House. Designed as a compromise, this so-called General Assessment allowed taxpayers to designate a particular church (absent such designation, their money would go to schools—which, themselves, were largely run by ministers at the time) and was championed by many of Virginia's leaders, including Patrick Henry, Richard Henry Lee, Benjamin Harrison, and John Marshall. In a belated reaction led by Virginia's dissenters, scores of petitions with thousands of signatures were circulated in opposition to any religious assessment. Madison anonymously produced his famous Memorial and Remonstrance Against Religious Assessments, and that effort was joined by even more popular (albeit less remembered) petitions circulated by Baptist and Presbyterian interests. In the end, the General Assessment died in the House without receiving a final vote, and on October 31, 1785, Madison reintroduced 117 bills from the earlier committee to revise Virginia's laws. Tucked away among those bills was Jefferson's original bill "for establishing religious freedom."

Even then, conservative members of the assembly tried to weaken it. Efforts to delete the entire preamble—an endorsement of Enlightenment principles and religious freedom—were defeated, as was an effort to modify Jefferson's generic reference to "the holy author of our religion" so that it specified "Jesus Christ." As Madison later related, the amendment "would have been, to imply a restriction on the liberty defined by the Bill, to those professing his [Jesus's] religion only," or, as Jefferson said, it was clear that religious freedom encompassed "Jew and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination." Ultimately, the bill was adopted and signed into law on January 19, 1786, with only minor amendments to Jefferson's text.

Application

Almost immediately upon its adoption, the Virginia Statute for Religious Freedom became a bellwether for religious liberty. Throughout the latter part of the eighteenth century and the nineteenth century, it was cited as the true measure of religious freedom and relied upon extensively in state constitutional and legislative debates, particularly when church-state relations were at issue. With James Madison leading the fight for the Bill of Rights in the first Congress under the new United States Constitution, and Jefferson serving as one of its chief advocates, the statute is generally credited with influencing the requirement in the First Amendment that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

In Virginia, Jefferson referenced the statute in his controversial decision to exclude a minister from teaching religion at the newly founded University of Virginia. In 1846, Virginia's highest court recognized the statute as "[d]eclaring to the Christian and the Mahometan, the Jew and the Gentile, the Epicurean and the Platonist, … that so long as they keep within its [the law's] pale, all are equally objects of its protection; … (leaving reason free to combat error) securing purity of faith and practice far more effectually than by clothing the ministers of religion with exclusive temporal privileges; and exposing them to the corrupting influence of wealth and power."

In the 1879 case Reynolds v. United States, the United States Supreme Court, rejecting a claim that Mormon polygamy was protected by the First Amendment, quoted the Virginia Statute to define religious freedom. In 1947 the court similarly declared, in Emerson v. Board of Education, that the religion clauses of the First Amendment to the U.S. Constitution "had the same objective and were intended to provide the same protection against governmental intrusion on religious liberty as the Virginia statute." This view has been broadly accepted in the Supreme Court's jurisprudence and among historians, although it has more recently come under attack by several conservative members of the Supreme Court.

Internationally, the Virginia Statute for Establishing Religious Freedom has also had enormous significance in encouraging religious freedom and separation of church and state. Almost immediately upon its adoption, Jefferson had copies published in Europe. Edwin Gaustad, one of America's leading religious historians, noted that "[f]rom the perspective of more than two centuries later, it is possible to add that the Jeffersonian law [on religious freedom] set Western Civilization and democratic republics everywhere upon a dramatically different path."

Time Line

  • June 12, 1776 - The Virginia Convention adopts the Declaration of Rights, including the sixteenth article, which guarantees citizens the "free exercise of religion."
  • October 1776–December 1776 - Thomas Jefferson and James Madison successfully advocate for "An act for exempting the different societies of Dissenters from contributing to the support and maintenance of the church as by law established, and its ministers, and for other purposes therein mentioned."
  • 1777 - Thomas Jefferson drafts a bill "for establishing religious freedom" as part of an effort to revise Virginia's colonial laws in order to remove vestiges of monarchy and align them more closely with the state's republican principles and its new, independent status.
  • June 12, 1779 - Because Thomas Jefferson had since been elected governor, John Harvie introduces Jefferson's bill "for establishing religious freedom" to the House of Delegates. It is eventually tabled.
  • November 11, 1784 - The House of Delegates adopts a resolution supporting "a moderate tax or contribution, annually," to benefit all Christian sects. The resolution eventually fails.
  • June 20, 1785 - James Madison anonymously authors his Memorial and Remonstrance Against Religious Assessments, a broadside in opposition to a resolution by the House of Delegates to levy a General Assessment to benefit all Christian sects.
  • October 31, 1785 - James Madison reintroduces to the House of Burgesses 117 bills from an earlier effort to revise Virginia's laws. Among these is Thomas Jefferson's bill "for establishing religious freedom."
  • January 16, 1786 - The General Assembly passes the Bill for Establishing Religious Freedom. Written by Thomas Jefferson and championed in the House of Delegates by James Madison, the bill effectively severs the connection between church and state.
  • January 19, 1786 - "An Act for establishing religious Freedom" is signed into law in Virginia.
  • May 5, 1879 - The United States Supreme Court invokes the Virginia Statute for Establishing Religious Freedom in its unanimous decision in Reynolds v. United States.
  • February 10, 1947 - In Everson v. Board of Education, the United States Supreme Court rules that the religion clauses of the First Amendment to the U.S. Constitution "had the same objective and were intended to provide the same protection against governmental intrusion on religious liberty as the Virginia statute."
Further Reading
Adams, Dickinson W., ed. Jefferson's Extracts from the Gospels: "The Philosophy of Jesus" and "The Life and Morals of Jesus." Princeton, New Jersey: Princeton University Press, 1986.
Buckley, Thomas E. Church and State in Revolutionary Virginia, 1776–1787. Charlottesville: University Press of Virginia, 1977.
Conkin, Paul K. "The Religious Pilgrimage of Thomas Jefferson." In Jeffersonian Legacies. Peter S. Onuf, ed., 19–49. Charlottesville: University of Virginia Press, 1993.
Gaustad, Edwin S. Sworn on the Altar of God: A Religious Biography of Thomas Jefferson. Grand Rapids, Michigan: William B. Eerdmans Publishing, Co., 1996.
Gewehr, Wesley M. The Great Awakening in Virginia, 1740–1790. Durham, North Carolina: Duke University Press, 1930.
Onuf, Peter. "Thomas Jefferson's Christian Nation." In Religion, State, and Society: Jefferson's Wall of Separation in Comparative Perspective, ed. by Robert Fatton, Jr. and R. K. Ramazani. New York: Palgrave MacMillan, 2009.
Peterson, Merrill D., and Robert C. Vaughan, eds. The Virginia Statute for Religious Freedom: Its Evolution and Consequences in American History. Cambridge, England: Cambridge University Press, 1988.
Ragosta, John. Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty. New York: Oxford University Press, 2010.
Ragosta, John. "The Virginia Statute for Establishing Religious Freedom." In A Companion to Thomas Jefferson, ed. by Francis D. Cogliano, 75–90. Malden, Massachusetts: Wiley-Blackwell Publishing, 2011.
Sheridan, Eugene R. Jefferson and Religion. Charlottesville, Virginia: Thomas Jefferson Memorial Foundation, 1998.
Cite This Entry
  • APA Citation:

    Ragosta, J. Virginia Statute for Establishing Religious Freedom (1786). (2012, August 30). In Encyclopedia Virginia. Retrieved from http://www.EncyclopediaVirginia.org/Virginia_Statute_for_Establishing_Religious_Freedom_1786.

  • MLA Citation:

    Ragosta, John. "Virginia Statute for Establishing Religious Freedom (1786)." Encyclopedia Virginia. Virginia Foundation for the Humanities, 30 Aug. 2012. Web. READ_DATE.

First published: August 10, 2012 | Last modified: August 30, 2012


Contributed by John Ragosta, an independent historian and lawyer who has written extensively on religious freedom. His most recent book, Religious Freedom: Jefferson's Legacy, America's Creed, is forthcoming from University of Virginia Press.