Primary Sources: Religious Liberty as a Natural Right
A collection of primary sources from the Founding that demonstrate the Founders believed religious liberty was a natural right.
Objectives
- I will understand how the concept of religious liberty evolved in American history.
- I will analyze and compare different primary sources discussing religious freedom.
- I will discuss the relationship between religious liberty and the separation of church and state.
Directions: Begin by reviewing the background information on religious liberty and its development during the American Revolution. Carefully read each excerpt, paying close attention to the language and arguments used. Respond to the questions provided for each document.
Building Context
In the eighteenth century, the European Enlightenment saw the development of the principle of religious toleration. The American colonies adopted that principle at various times, but religious dissenters also suffered persecution and civil penalties because they did not belong to established churches.
During the American Revolution, colonists decided that religious toleration was simply not enough to protect rights. They advocated the revolutionary idea that religious liberty was a natural right of human nature. They also saw the principle of religious liberty not only as a right, but also as one of the foundations for cultivating civic virtue and republican self-government. Therefore, the Founders included it as a fundamental liberty in several Founding documents. As a result, the Founders had to grapple with the relationship between the church and the state necessary to secure religious liberty.
Virginia Declaration of Rights (1776)
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“That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience.” |
Comprehension and Analysis Questions
- Why is religious belief and practice a matter of “reason and conviction,” not “force or violence?”
James Madison, Memorial and Remonstrance (1785)
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“The religion, then, of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it, as these may dictate. This right is in its nature an unalienable right. It is unalienable, because the opinions of men, depending only on the evidence contemplated by their own minds, cannot follow the dictates of other men. It is unalienable, also, because what is here a right toward men is a duty toward the Creator. It is the duty of every man to render to the Creator such homage, and such only, as he believes to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of civil society….We maintain, therefore, that in matters of religion, no man’s right is abridged by the institution of civil society, and that religion is wholly exempt from its cognizance. True it is, that no other rule exists by which any question which may divide a society can be ultimately determined than the will of the majority; but it is also true that the majority may trespass on the rights of the minority.” |
Comprehension and Analysis Questions
- Why does James Madison consider religious liberty a natural right?
- Why must civil society protect religious liberty and not penalize people for their religious beliefs?
- What are the implications for Madison’s view of religious liberty and civil society for separating church and state?
Virginia Statute for Religious Freedom (1786)
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“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…. 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 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….we are free to declare, and do declare, that the rights hereby asserted, are of the natural rights of mankind.” |
Comprehension and Analysis Questions
- How does the Virginia Statute for Religious Freedom protect religious and civil liberty?
- What are the implications for the relationship between church and state in the document?
First Amendment (1791)
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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” |
Comprehension and Analysis Questions
- What does it mean that Congress shall not make a law respecting an establishment of religion?
- What does it mean that Congress shall make no law prohibiting the free exercise of religion?
George Washington, Letter to the Hebrew Congregation at Newport, 1790
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“The citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy—a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship. |
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It is now no more that toleration is spoken of as if it were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens in giving it on all occasions their effectual support. |
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It would be inconsistent with the frankness of my character not to avow that I am pleased with your favorable opinion of my administration and fervent wishes for my felicity. |
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May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants—while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.” |
Comprehension and Analysis Questions
- Why does President George Washington argue that religious toleration has been superseded by religious liberty?
- What connections does Washington make between religious liberty and good citizenship?
Thomas Jefferson, Letter to the Danbury Baptist Association, 1802
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“Believing with you 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. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. |
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I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association, assurances of my high respect and esteem.” |
Comprehension and Analysis Questions
- For President Thomas Jefferson, why is religious liberty a natural right?
- What does Jefferson mean by a “wall of separation between church and State” in his understanding of the Establishment Clause of the First Amendment?
Analysis Questions:
- Compare and contrast how the different primary sources understand religious liberty as a natural right.
- What is the relationship between religious and civil liberty in the documents?
- What is the possible relationship between church and state in the documents?
- What is the relationship between religious liberty and religious pluralism?