Sen. Tim Kaine on Thursday argued in an op-ed that American rights depend on laws and institutions, not claims that they originate solely from divine authority, responding to criticism from Catholic Bishop Robert Barron after a Senate hearing in which a witness said rights come from the Creator and “not from our laws, not from our governments.”
Kaine, D-Va., wrote that while he embraces the Declaration of Independence language that people are “endowed by their Creator with certain inalienable rights,” those principles mean little unless secured and enforced by legal systems and government institutions. He cited his experiences working with Catholic missionaries in Honduras under a military dictatorship and 17 years as a civil rights lawyer in Virginia as formative in shaping that view.
In the piece published by Fox News, Kaine laid out examples of rights protected by the U.S. Constitution and statute — including trial by jury, the right to bear arms, freedom of the press, protection from cruel and unusual punishment, due process for property, peaceful assembly and the right to vote — noting that many of these are not explicitly enumerated in religious texts and are not universally recognized across societies. He wrote that those guarantees exist in the United States because the Constitution and laws enumerate and protect them.
Kaine warned that arguing all rights flow exclusively from a divine source risks enabling rulers to disregard legal protections by asserting religious sanction for their actions. "Claiming that all rights come from the Creator and not from laws or government leaves the door wide open for dictators to ignore the law and simply proclaim that they are doing God’s will," he wrote, adding that such dynamics have occurred throughout history and persist in some countries today.
He pointed to the example of slavery, saying the universal recognition that slavery violated liberty did not end the institution until the Civil War and the passage of the 13th Amendment, which legally abolished slavery in the United States. "The natural right meant nothing until the Civil War and passage of the 13th Amendment outlawed the monstrous institution," Kaine wrote.
Kaine framed the U.S. constitutional system as a deliberate rejection of a "divine right of kings," noting that Americans cast off the British monarchy in favor of a republic designed to secure rights through law. He urged that ensuring legal protection for rights requires active civic and legal work alongside faith, invoking a maxim often attributed to St. Augustine: "Pray as though everything depends upon God. Work as though everything depends upon you."
Bishop Robert Barron published an op-ed criticizing Kaine’s comments, prompting the senator’s response. The Senate hearing that prompted the exchange included testimony from a witness asserting that legal rights come from the Creator rather than from human laws or governments; Kaine said he found that view "deeply disturbing." Kaine underscored that many of the specific protections Americans rely on are the product of constitutional drafting and statutory enactments, rather than derived directly from religious scripture.
Kaine’s op-ed situates the dispute within broader debates over the relationship between religious belief, legal authority and the role of government in protecting civil liberties. He argued that while moral and natural law teachings may inform public conscience, the security of rights in a pluralistic society depends on neutral legal protections and institutional enforcement rather than on claims of religious mandate.
The exchange highlights ongoing tensions in American politics over the role of religion in public life and the source of rights. Kaine, a practicing Catholic, reiterated that his view does not deny a Creator’s role in human dignity but emphasizes that practical protection of rights requires laws that apply equally to all citizens.
Kaine represents Virginia in the U.S. Senate and has previously served as governor and lieutenant governor of the state. The op-ed was published on Fox News.