Unalienable Rights
Bottom Line Up Front: In every conflict between government action and an individual’s unalienable rights, we will side with the individual. The burden will be on the state to prove necessity and constitutionality of any restriction. Unalienable means non-negotiable. By reaffirming this, Colorado will become a beacon of liberty where each person’s God-given rights are secure.
a. Biblical & Declaration Principles: Unalienable rights are those rights so inherent to our humanity that they cannot be surrendered or taken – “unalienable” meaning inseparable. The Declaration of Independence listed life, liberty, and the pursuit of happiness as among these, bestowed by our Creator. Biblically, this is supported by verses like Galatians 5:1, “It is for freedom that Christ has set us free,” implying liberty is part of our God-given dignity. The concept of unalienable rights is that even if one consents to give them up (or a government votes to infringe them), morally and under natural law the rights remain, and any violation is illegitimate. For example, no one can rightly consent to be a slave – freedom is inalienable. Our Founders embraced that truth, which is why they could declare British oppression void and assert their rights anew. We believe the same today: no majority vote can legitimize theft of property, suppression of worship, or unjust killing, because those actions violate unalienable rights.
b. Constitutional Justification: The Constitution, particularly through the Bill of Rights and Civil War Amendments, enshrines many unalienable rights: freedom of speech, religion, self-defense, due process, equality under law. Even without the Bill of Rights, the Founders like Madison argued that such rights are retained (9th Amendment) and the government has no authority to infringe them since they were never delegated. Originalist jurisprudence respects that unalienable means enduring – a court or legislature cannot simply redefine core rights out of existence. We advocate judges who recognize, for instance, that the right to petition or trial by jury have the same importance today as in 1791, unchanged and not to be eroded by convenience. The 14th Amendment’s drafters considered fundamental rights (life, liberty, property) so important that states were forbidden from violating them without due process. We will ensure Colorado law aligns with those absolute protections.
c. Colorado Policy Conflicts: We identify several areas in which Colorado’s current statutes or policies clash with unalienable rights:
1. Second Amendment Rights: The right to keep and bear arms is a fundamental, individual right tied to self-preservation – unalienable as recognized by the Founders. Yet Colorado has implemented “red flag” laws (ERPOs) allowing gun seizure without a criminal conviction, potentially violating due process and the right to arms. While safety is important, any deprivation of a fundamental right without robust due process is unacceptable. We intend to bolster due process (e.g. requiring clear and convincing evidence and short durations with prompt hearings) or repeal laws that don’t meet constitutional requirements. The right to self-defense cannot and will not be treated as a privilege.
2. Freedom of Religion & Conscience: Colorado’s enforcement of anti-discrimination laws in cases like Masterpiece Cakeshop forced a religious individual to choose between livelihood and conscience. The right to free exercise of religion is unalienable – one should not be compelled by the state to act against deeply held faith convictions. We support legislation akin to a state Religious Freedom Restoration Act, requiring any government action that substantially burdens religious practice to meet the highest scrutiny. This will harmonize Colorado law with the First Amendment.
3. Parental Rights: It’s long been understood (and affirmed by the Supreme Court) that parents have an inherent right to direct the upbringing and education of their children. This is an unalienable right grounded in the family structure ordained by God. Colorado has at times infringed this – for instance, mandating one-size-fits-all curricula without opt-outs or allowing minors to receive certain medical treatments or counseling without parental consent. We will champion a Parental Bill of Rights to ensure that in education, health care, and moral guidance, parents’ rights are respected unless there is clear evidence of abuse or neglect. HB25-1312 undermines and directly attacks this principle.
4. Life: As discussed under Natural Rights, life is the first unalienable right. Colorado’s extreme abortion law denies personhood to the unborn. We hold that life, from conception to natural death, is an unalienable right that the state must protect. While we work toward laws protecting the unborn, we will also protect other life issues: opposing assisted suicide expansion (Colorado legalized medically assisted suicide in 2016 – we must ensure it’s not abused or broadened in ways that pressure the vulnerable). Life’s sanctity must be upheld consistently.