May 7, 2026.

From god or from government…the question of whether our fundamental rights come from
government or from God has shaped political and moral philosophy for centuries in the Judeo-
Christian world. The Magna Carta was a foundational attempt to articulate rights and their
origins all the way back to 1215. At its core, the debate centers on the source of human dignity
and authority: are rights granted by human institutions, or are they inherent and merely
recognized by them?

The view that rights come from God is most famously expressed in the United States Declaration
of Independence, which states that all men “are endowed by their Creator with certain
unalienable Rights.” This concept was so critical to the formation of the American government
that the Bill of Rights was demanded to guarantee that the government had to acknowledge
certain unalienable rights that could not be taken away. This perspective is rooted in natural law
theory, developed by thinkers such as John Locke. Locke argued that individuals possess natural
rights—life, liberty, and property—simply by virtue of being human. Governments, in this
framework, do not create rights; they exist to protect them. If a government violates these rights,
it loses its legitimacy. This belief provides a strong moral foundation for resistance against
tyranny because rights are seen as permanent and beyond political manipulation. They cannot be
voted away or redefined by changing majorities.

On the other hand, the view that rights come from government is associated with legal positivism
and social contract theory. Philosophers like Thomas Hobbes argued that in a state of nature, life
would be chaotic and insecure. According to this perspective, rights are established through
collective agreement and enforced by governing authority. Without laws and institutions, rights
would have no practical meaning. Governments define and protect rights through constitutions,
courts, and legislation. For example, amendments to national constitutions often expand or
clarify rights over time, reflecting evolving societal values. In this sense, rights are dynamic and
shaped by political processes rather than divine decree.

The strengths of each position differ. The “God-given” view emphasizes universality and
permanence. It suggests that all humans everywhere possess the same fundamental rights,
regardless of culture or regime. However, it depends on shared belief in a higher authority, which
not all societies or individuals accept. The government-based view, by contrast, is more flexible
and inclusive in pluralistic societies. It does not rely on religious agreement but instead on civic
consensus. Yet this flexibility can also be a weakness, since rights may be limited or revoked if
political power shifts.

Ultimately, many modern democracies blend these perspectives. They recognize certain rights as
inherent to human dignity while relying on governments to define, enforce, and protect them.
The ongoing tension between these views continues to influence debates about law, morality,
and freedom.

In the United States of America, the Declaration of Independence set out a foundational
premise that the rights of life, liberty and the pursuit of happiness come from a Creator. The
founders perceived Deity in various ways but agreed in a Supreme Being. Trust was placed in
God (however perceived) over trust in King George III (or any other humanoid). But that was
almost 250 years ago. Do we still hold to that value?

During a recent Senate hearing on September 3, 2025, Senator Tim Kaine
made a statement that drew immediate criticism. Referencing remarks made
by one of the nominees being considered at the time, he said: 

“Our rights come from God, our Creator, not from our laws, not from our
governments.” I find that very, very troubling… The notion that rights don’t
come from laws and don’t come from the government but come from the
Creator—that’s what the Iranian government believes. It’s a theocratic regime
that bases its rule on Shia law… and they do it because they believe that they
understand what natural rights are from their creator.”

Discussion Starter Suggestions:

1. What is your perception of God, assuming you believe in a Creator at all?
2. Assuming a belief in God, does it matter how you perceive Him when it comes to sourcing where rights come from?
3. Who do you trust to protect your rights?