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Source Readings: Civil Liberties
 

VIRGINIA STATUTE OF RELIGIOUS LIBERTY (1786)
Thomas Jefferson

When the War for Independence began in 1775, "established" state churches existed in nine of the thirteen colonies. Part of the upheaval during the war was the demand by dissenting groups for a true separation of church and state. Thomas Jefferson, James Madison, and Benjamin Franklin advocated freedom of conscience, whether it took the form of freedom of the press, freedom of speech, or freedom of religion. All three believed that religion served useful social purposes, but should be strictly a private affair, not a concern of the state. As educated men, they were well aware that religious prejudice had caused hatred and bloodshed for centuries.

Jefferson’s proposal, introduced in 1779 but not approved until 1786, raised considerable opposition from the established Episcopal Church. George Washington and other state leaders even proposed making all Christian churches state religions, and taxing everyone to support them. The passage of this statute [which Jefferson personally considered better crafted than the Declaration of Independence] ended what Madison called "the ambitious hope of making laws for the human mind." This act was the inspiration for the First Amendment to the Constitution, which forbids the federal government from establishing a religion or interfering with the free exercise of religion in private. What are some of the reasons Jefferson and the Virginia Legislature gave for not allowing a state religion, i.e., why had this been wrong in the past? What does this legislation prohibit?

 
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