Chapter 11True Religious Freedom
Much has changed in our country
since December 15, 1791, when the famous First Amendment took effect. But those
simple words, written two centuries ago, still ring true today:
"Congress shall make no law
respecting an establishment of religion or prohibiting the free exercise thereof, or
abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble. and to petition the Government for the redress of grievances."
In those earlier days, many people
were still unable to read, and at election time they needed help understanding the written
words of the various parties and candidates. Men of the cloth came forward to
provide that assistance, so that members of the public might be informed and adequately
prepared to cast their votes wisely. But, human nature being what it is, the
temptation to influence the vote was more than some pastors could resist, and they began
abusing their position of trust by pressuring their congregations to vote according to the
views of the church, rather than according to their individual conscience.
This miscarriage of democracy was
brought to the attention of Thomas Jefferson, who, in 1802, wrote a Letter to the Dansbury
Baptist Convention, seeking to correct this unconstitutional situation. Jefferson
said:
"Believing that religion is
a matter which lies solely between man and his God, that he owes account to none other for
his faith or his worship, that the legislative powers of government reach actions only,
and not opinions, I contemplate with sovereign reverence that act of the whole American
people which declared that their Legislature should 'make no law respecting an
establishment of religion, or prohibiting the free exercise thereof,' thus building a wall
of separation between Church and State."
It was Jefferson's dedication to the fine principles
of true religious freedom which helped bring about many of the laws we still enjoy in this
country today.
Of equal interest, or perhaps, in a way, even more
so, since it is so much more explicit and relevant to our subject, is this lesser-known
document, from just a few years earlier in our history. This is Jefferson's Virginia
Statute For Religious Freedom, January 16, 1786.:
An Act For
Establishing Religious Freedom.
I. Whereas Almighty God hath
created the mind free; that all attempts to influence it by temporal punishments or
burdens, 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 ones, and as such endeavoring to impose them on others, hath
established and maintained false religions over the greatest part of the world, and though
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 labors 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 of any citizen as unworthy of 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 honors and emoluments those who will
externally profess and conform to it; that though indeed these are criminal who do not
withstand such temptations, 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 all religious liberty, because he
(the civil magistrate) 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, for 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, that 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 burdened 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 for the ordinary purposes of legislation
only, has no power to restrain the acts 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 Act will be an infringement of
natural right."
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