Bishop Robert Barron recently wrote an OP-ED that attacked me for a point that I made during a hearing of the Senate about the origin of legal rights. The hearing was a witness from a witness who claimed that such rights come from the maker, “not from our laws, not of our governments.” I think that position that Bishop apparently accepts Barron apparently accepts, deeply disturbing.
Of course I embrace the position, so clearly pronounced in the declaration of independence written by Virginian Thomas Jefferson, that all people are endowed by the Creator with certain inalienable rights, including life, freedom and the pursuit of happiness. But I learned well during my time to work with Catholic missionaries in Honduras under a military dictatorship that rights are essentially useless, unless they are protected by the law. Later my 17 years of practice as a civil rights lawyer in Virginia taught me the same basic lesson.
Senator Tim Kaine, D-VA., Speaks during a confirmation of the Senate Foreign Relations Committee in Washington, DC, on March 13, 2025. (Al Drago/Bloomberg via Getty images)
Where does the right to the jury come from? The right to wear firearms? Freedom of press? The right to be free of cruel and unusual penalties? The right not to have your property taken without the correct court case? The right to collect the government peacefully and submit a request for recovery of grievances? The right to vote?
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These are not rights that are clearly laid down in the Bible or other holy texts. And they are no rights accepted in all societies worldwide. But they are guaranteed in the United States because they are specifically included in our constitution and articles of association. Jefferson acknowledged the same amount in the statement and explained that the democratic government is being established “to secure these rights” for everyone.
Claim that all rights come from the Creator and not from laws or the government leaves the door wide open to dictators to ignore the law and easily preach that they do God’s will. That happened in history and it happens today in many parts of the world.
We can now agree that slavery has violated the right of everyone to freedom. But the natural law meant nothing until the civil war and passage of the 13th amendment forbade the monstrous institution.
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Unless the law is protected, everyday people cannot rest that their critical rights are protected. Claim that all rights come from the Creator and not from laws or the government leaves the door wide open to dictators to ignore the law and easily preach that they do God’s will. That happened in history and it happens today in many parts of the world. It is a reason why America made up the British monarchy 250 years ago – we do not accept “Divine Right of Kings” to set the rules, to change or destroy it. And we should never accept such a tyranny.
Sen. Tim Kaine, D-VA., In 2024. (Getty Images)
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Bishop Barron should thank God that His rights and rights of all Americans are protected by law.
When it comes to the important matter of guaranteeing legal rights, we must all pay attention to the wisdom that is often attributed to St. Augustine: “Pray as if everything depends on God. Work as if everything depends on you.”
