Thomas Jefferson drafted this act in 1777, and it was finally enacted in 1786. It is one of three achievements for which Jefferson wanted to be remembered—the others being the Declaration of Independence and his founding of the University of Virginia. They are listed on his tombstone at Monticello.
I. Well aware that
the opinions and belief of men depend not on their own will, but follow involuntarily
the evidence proposed to their minds; that Almighty God hath created the mind
free, and manifested his supreme will that free it shall remain by making it
altogether insusceptible of restraint; 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, but to exalt it by its influence on reason alone; that the impious presumption
of legislature and ruler, 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 endeavoring 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 and abhors 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; and therefore the proscribing
any citizen as unworthy the public confidence by laying upon him an incapacity
of being called to offices of trust or emolument, unless he profess or renounce
this or that religious opinion, is depriving him injudiciously of those privileges
and advantages to which, in common with his fellow citizens, he has a natural
right; that it tends also to corrupt the principles of that very 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 criminals who do not withstand such temptation, yet neither are those innocent
who lay the bait in their way; that the opinion of men are not the object of
civil government, nor under its jurisdictions 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 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 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. We the General Assembly of Virginia do enact 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 beliefs;
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.
III. And though we well know that this Assembly, elected by the people for their
ordinary purposes of legislation only, have no power to restrain acts of succeeding
Assemblies, constituted and 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 operations, such act will be an infringement
of natural right.