Volume 12 , Issue 43

1st Amendment - A Wall of Separation Between Church & State

In 1779, Thomas Jefferson was concerned about the power of the Church of England within Virginia. He felt a guarantee of religious freedom was the best guarantee that America would avoid the religious intolerance and religiously inspired bloodshed that had marked much of the history of Europe.

Jefferson wrote an Act for Establishing Religious Freedom. After a long battle, it became law in Virginia on 1786-JAN-16. Jefferson's bill gradually collected support from Baptists, Presbyterians, freethinkers, Jews, a few Anglicans, people who were tired of religious conflict and others.

This bill is often called "The precursor to the Religion Clauses of the First Amendment" of the U.S. Constitution. It is this Amendment that guarantees religious freedom for the individual, while erecting "A wall of separation between church and government."

A key part of the act, Section II reads: "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."

Elsewhere, the act reads: "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical..."

AND: "...our civil rights have NO dependence on our religious opinions ..." Religious freedom is often called the "first freedom."

The First Amendment of the U.S. Constitution was based in part on that act.

Back in 1802, President Thomas Jefferson drafted a letter to the Danbury Baptists who had written him congratulating him on his election to the U.S. Presidency.

In the words of Thomas Jefferson, the clause against establishment of religion by law was intended to erect "A wall of separation between church and state." You can view the unedited letter dated January 1, 1802, written by President Thomas Jefferson to Danbury Baptists at the following link: Jefferson's Draft of a Letter to the Danbury Baptists.

Wall of separation

Thomas Jefferson's response, dated January 1, 1802, concurs with the Danbury Baptists' views on religious liberty, and the accompanying separation of civil government from concerns of religious doctrine and practice. Jefferson writes: "...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 & State."

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