Virginia has a proud legacy as the birthplace of religious freedom in America. Thomas Jefferson’s Virginia Statute of Religious Freedom, drafted in 1777 and enacted in 1786, laid the groundwork for the First Amendment itself. Yet today, an unconstitutional law remains on Virginia’s books that betrays this sacred heritage – a law that presumes guilt when citizens simply express their faith.
That law must be removed. And we’re calling on Virginia’s legislative leaders to act.
The Unconstitutional Presumption
Virginia Code § 36-96.3(A)(3) creates an automatic presumption that any expression related to religion, national origin, sex, or race is evidence of illegal discrimination. Read that again. Under this statute – unique among all 50 states – simply mentioning your faith or heritage is treated as prima facie evidence of discriminatory intent. You’re guilty until proven innocent.
The real-world consequences are chilling. Our client, a Virginia real estate agent, was investigated and charged by the Virginia Real Estate Board for including “For Faith and Freedom, Jesus Loves You, and with God all things are Possible” in her email signature, along with a reference to John 3:16. These simple expressions of her Christian faith – messages of hope and love – were enough to trigger a government investigation under Virginia’s presumption of guilt.
Think about what this means. A red, white, and blue banner celebrating Independence Day could be deemed discriminatory. A Star of David displayed during Hanukkah could trigger an investigation. A cross in an email signature could lead to charges. Under Virginia’s law, expressing your identity becomes evidence of intent to discriminate.
Take action with us and add your name to the petition: Defeat the Left’s War Against Christians.
The ACLJ Won – And We’re Not Done Yet
The ACLJ took this fight to court – and we won. In Carter v. Virginia Real Estate Board, we secured a decisive victory, striking down this unconstitutional assault on religious freedom. Judge Tracy Thorne-Begland issued a comprehensive ruling declaring that this statutory provision violates the First Amendment by treating “any expression of individual identity related to religion, national origin, sex, or race” as “tantamount to a desire to engage in unlawful discrimination.”
We proved what should be obvious: Innocent expressions of faith are not evidence of illegal intent. Virginia’s presumption forces citizens to prove their innocence rather than requiring the state to prove misconduct. The court agreed, ruling that this presumption “inequitably and overbroadly inhibits” the First Amendment rights that have allowed our pluralistic nation to thrive.
Our client can now share her faith without fear of government persecution. The Virginia Real Estate Board has been permanently enjoined from enforcing this unconstitutional provision. Religious freedom prevailed in the courtroom.
Now it’s time to finish the job.
The Danger of Leaving Unconstitutional Laws on the Books
While the court enjoined enforcement of this provision, the unconstitutional language remains in Virginia’s statutes. This creates real problems. Virginians who look up the law will see this presumption and may not know a court has blocked its enforcement. The chilling effect on free speech continues. Government officials might be tempted to enforce it again. And as long as it remains on the books, it signals that Virginia tolerates government hostility toward religious expression.
Unconstitutional laws must be removed, not just ignored.
The ACLJ has secured a major legal victory for religious freedom in Virginia. Now we’re calling on the state’s legislative leadership – in both the state Senate and House of Delegates, in both parties – to complete what we started by introducing legislation that permanently repeals this unconstitutional presumption.
We’ve sent letters to key lawmakers urging them to act. This should not be a partisan issue. Religious freedom and free speech are principles that transcend political divides.
As the court noted, 49 other states protect against housing discrimination without trampling on First Amendment rights. Virginia can do the same. The Fair Housing Law’s other provisions amply protect against real discrimination. This presumption serves no legitimate purpose – it only punishes protected expression.
Legislative repeal would send a powerful message: Virginia stands with its citizens’ constitutional rights, not with government officials who seek to regulate faith out of the public square. It would honor Virginia’s legacy as the birthplace of religious freedom. And it would protect all Virginians – of every faith and background – from government presumptions of guilt based on their identity.
Virginia’s Choice
The ACLJ has already proven this law violates the Constitution. The court has ruled in our favor. Virginia can either honor Thomas Jefferson’s vision of religious freedom by removing this defeated provision or continue to harbor a law that betrays it. The choice should be clear.
We urge Virginia’s legislative leaders to complete our courtroom victory by repealing Virginia Code § 36-96.3(A)(3) in the upcoming session. We won the battle in court – now help us win the war by removing this unconstitutional language once and for all.
Religious freedom won in the courtroom. Let’s make sure it wins in the Virginia General Assembly too. Add your name to the petition: Defeat the Left’s War Against Christians.
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