Why Legal Protection is Paramount for Securing Rights

Recently, Bishop Robert Barron criticized a statement I made during a Senate hearing concerning the source of legal rights. The hearing included testimony suggesting that these rights originate from a Creator, rather than from laws or governments. I find this perspective, which Bishop Barron seems to support, troubling.

I do, of course, agree with the Declaration of Independence, penned by Thomas Jefferson, which states that all individuals are granted certain inherent rights by the Creator, including life, liberty, and the pursuit of happiness. However, my experiences, including working with Catholic missionaries in Honduras during a military dictatorship and later as a civil rights lawyer, have taught me that rights are essentially ineffective unless they are safeguarded by law.

Consider the origins of specific rights. Where do we find the right to a trial by jury, the right to bear arms, freedom of the press, protection from cruel and unusual punishment, the right to due process regarding property, the right to peaceful assembly and petition, or the right to vote? These rights are not explicitly detailed in religious texts, nor are they universally recognized across all societies. They are, however, guaranteed in the United States because they are explicitly enshrined in our Constitution and laws. Jefferson acknowledged this in the Declaration, stating that democratic government is established to secure these rights for all.

We can now agree that slavery violated the right of all to liberty. But the natural right meant nothing until the Civil War and passage of the 13th Amendment outlawed the monstrous institution.

The assertion that all rights originate from a Creator, rather than from laws or government, creates a vulnerability. It allows dictators to disregard the law, claiming to act in accordance with divine will. This has occurred throughout history and continues to occur in various parts of the world. It was a key reason why America rejected the British monarchy centuries ago, as we do not accept a "divine right of kings" to dictate or abolish the rules. Such tyranny should never be accepted.

Bishop Barron should be grateful that his rights, and the rights of all Americans, are protected by law.

"Pray as though everything depends upon God. Work as though everything depends upon you.