The Maine gay-rights referenda have produced bales of talk about human rights, about the morality of homosexual relations, about forcing recognition of homosexual relations, about fear that such legislation may lead to legalization of gay marriage, which Maine law explicitly prohibits.

Not enough has been said about the morality of human rights and too little about the proper relationship between legislation and the morality or moralities of the faithful.

The morality of gay human rights and the fear of the consequences were both addressed in a recent unanimous Pax Christi Maine Assembly resolution. Pax Christi is the Catholic and ecumenical peace and social justice movement, presently headed by the patriarch of Jerusalem, Michel Sabbah.

The resolution calls discrimination against gays “contrary to Jesus’ teaching and example which affirm, unconditionally, the equal dignity of all human beings.” Jesus, we remember, scorned disrespect for sinners – for those excluded by society because of their ethnicity or moral conduct.

The human rights embraced by the challenged legislation – prohibition of discrimination in employment, housing, education, public accommodations and credit based on sexual orientation – cannot be conditional upon whether one approves of the moral conduct of gays. Their guarantee cannot be conditional upon whether discrimination occurs with frequency or only rarely. It is warranted if, in fact, there are no reports of discrimination, because it protects against fear of discrimination. Actually, it is warranted simply because it is the right thing to do.

The Pax Christi resolution adds a caution: “Once we hold basic human rights of any group hostage to hatred or fear, no one’s human rights are any longer secure.”

In talking about the morality of gay relations, the Grassroots Coalition and Maine Civil League forget about numerous homosexuals who are in no gay relationship. They also forget about the unconditional nature of human rights while recognizing it regarding fornicators and adulterers; society does not think of denying them public accommodations, credit or job security. (If it did, unemployment would soar.)

The unconditionality of human rights effectively prevents Paul Madore and Michael Heath, who choose to ignore discrimination against gays, from arguing against legislation that serves only to secure certain human rights. So they engage in distraction. They would create fear of some push, down the road, for legal recognition of gay marriages as justifying disrespect of the unconditionality of human rights.

Maine’s Catholic bishop, Richard J. Malone, strongly affirms the dignity of all human beings and deplores acts of hatred and violence – discrimination – against gays. Then he withholds endorsement of this legislation. Unfortunately, he lets the fear generated by Madore and Heath – of some “possible future impact of this legislation on society’s views” – to overcome his recognition of the unconditionality of human rights.

But the dignity of every person, in Catholic teaching, is unconditional, taking precedence over such concerns. And Malone offers no evidence that traditional marriage is weakened by guarantee of a right to credit, housing, employment and public accommodations without regard to sexual orientation.

Like Madore and Heath, Bishop Malone expects the state to serve as an adjunct in his moral opposition to homosexual relationships. It is his right and responsibility to argue his view of sexual morality. But securing fundamental human rights for victims of discrimination is the government’s responsibility, irrespective of the victims’ morality or the moral views of churches. There is too much, today, of churches, from fundamentalist Protestants to some Catholics, seeking to impose morality by law in the wake of their failures at moral persuasion.

Only recently have we come to recognize that homosexual orientation is genetic and intrinsic to one’s psychological makeup. (As a society, we are still somewhat short of recognizing that God has created hundreds of millions of gay and lesbian human beings – in his image.) This is, I submit, cause for humble recognition of the mystery of God’s creation and a great deal of prayerful theological reflection, not for discriminatory laws that deny our common humanity by denying fairness to many of our brothers, sisters and children.

A retired English professor, William Slavick is coordinator of Pax Christi Maine.