American history buffs are already aware that Thomas Jefferson, when writing the Declaration of Independence, was influenced heavily and a drew from the pre-existing Virginia Declaration of Rights, drafted by George Mason and approved by the Virginia Convention of Delegates in June 1776. Interestingly, it was also a source document and inspiration for James Madison’s Bill of Rights and Lafayette’s French Declaration of the Rights of Man.
In the 16th article, Mason wrote initially, “that all men should enjoy the fullest toleration in the exercise of religion.” This, Madison could not, for lack of a better word, tolerate. He led the charge in altering the document to read, “all men are equally entitled to the free exercise of religion according to the dictates of conscience.”
Which raises the obvious questions. Does it matter? If so, what difference does it make?
For Madison, the edit made every difference. The very idea of toleration belonged to a system of government that had embraced a state church—liberty of conscience was a thing granted; it was allowed. But it could just as easily be disallowed. The notion of toleration is predicated upon a governing standard of religion that granted permission to dissidents.
Ensuring the free exercise of religion, then, meant that liberty of conscience was not a thing granted, but rather a thing recognized; it was a right that must not be infringed.
Students of Baptist history may recognize Madison’s concern. His friend and Baptist minister, John Leland, shared this point of emphasis and seems to have influenced Madison’s thinking on the subject.
Government should protect every man in thinking and speaking freely, and see that one does not abuse another. The liberty I contend for, is more than toleration. The very idea of toleration, is despicable; it supposes that some have a pre-eminence above the rest, to grant indulgence; whereas, all should be equally free, Jews, Turks, Pagans and Christians.
Our current society really doesn’t know what to do with freedom of conscience. We’ve had previous administrations and present judiciaries trample all over it, emphasizing their defense of freedom of worship. That is to say, they were prepared to defend the right of the people to worship in their churches and houses of worship in whatever manner they saw fit. But those who dare to take those same convictions into the public sphere—cake bakeries, for instance—have stepped over the line from the realm of the defensible to that worthy of prosecution.
Because we, as a nation, have traded free exercise for toleration.
The spirit of George Mason has returned and we have reversed Madison’s edit without even the intellectual integrity to strike out the words on the document.
And the rights of all people—Christians and Jews, Muslims and Mormons, pantheists and atheists—suffer as the result. The state has determined that our liberty of conscience is no longer a right to be protected. Instead, it is a grace that has been extended to us. And they get to tell us just how far it extends.
Perhaps the time has come for another Leland or another Madison to step forward.
Source: John Leland, “The Excess of Civil Power Exploded,” in The Writings of the Late Elder John Leland, Including Some Events in his Life, Written by Himself, with Additional Sketches, &c. by Miss L. F. Greene, Lanesboro, Mass. (n.p., New York, 1845), 118.
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