What is Actually Prohibited by the Law in
Leviticus 18:22 and 20:13?
1.
Introduction
In the evangelical world there is presently an intense and frequently
acrimonious debate regarding the inclusion of those who identify as LGBTQ and
Christian. In that debate, there are certain key passages of scripture that are
referenced by some, and dissected by others, as proof that their position on
the issue is “biblical.” Scholars, who represent virtually every point on the
inclusion/non-inclusion continuum, give these passages the greatest attention:
Genesis 19:1–11, Leviticus 18:22 and 20:13, Judges 19:22–30, Romans 1:26–27, 1
Corinthians 6:9 and 1 Timothy 1:10.
Of these passages, there are only two that are
commandments: Leviticus 18:22 and 20:13. Genesis 19 and Judges 19 are
narratives. Romans 1:26–27 is found in the context of Paul’s description of the
real-life consequences of idol worship. 1 Corinthians 6:9 is a list of “those
who will not inherit the kingdom of God.” 1 Timothy 1:10 is found in a list of
those who are “lawless and disobedient.” Leviticus 18:22 and 20:13 are laws,
reputedly given to Moses by God. They are found in the broad context of the
Holiness Code (Leviticus 17–26). The immediate context is introduced by the admonition
to not do as was done in Egypt or Canaan. Rather, the Israelites are
instructed, “You shall keep my statutes and my ordinances; by doing so one
shall live. I am the Lord” (Lev 18:5).[1]
There would be life for those who obeyed these laws and punishments for those
who did not. In the midst of a list of laws that primarily denounce certain
specific sexual encounters (chapters 18 and 20), we read these laws:
“You shall not lie with a male as with a woman;
it is an abomination” (18:22).
“If a man lies with a male as with a woman,
both of them have committed an abomination; they shall be put to death; their
blood is upon them” (20:13).
At first reading, in translation, these verses seem very straight-forward
and numerous scholars regard as indisputable what is prohibited and thus what
Yahweh thinks about all same-sex encounters. However, a closer reading and
careful analyses of these texts indicates they are not as unambiguous in the Hebrew
text as they appear to be in translation. In fact, I have found that the most read
English translations are less literal. In being more interpretive, these
translations suggest a meaning that cannot be confidently substantiated by
careful lexical, grammatical and contextual analyses.[2]
It is not the purpose of this paper to resolve
all issues related to the inclusion versus non-inclusion debate. Clearly
stated, the thesis of this paper is that close reading and analyses of Lev
18:22 and 20:13 raises legitimate questions regarding what activity was
actually prohibited among the Israelites who lived in the land. Since these
questions do not have easy or unequivocal answers, the use of Lev 18:22 and
20:13 by scholars, leaders of various Christian denominations or individual
Christians, to support non-inclusion of persons who identify as LGBTQ and
Christian is unwarranted. Such use of these verses belies a biblical
hermeneutic that ignores or minimizes the linguistic complexities and
contextual uncertainties that are obvious to many scholars.[3]
My minimal goal is to demonstrate that these texts, at least at this
chronological and cultural distance, are extremely challenging to translate and
exegete with certainty.
This paper begins with a close reading and various
analyses of Lev 18:22 and 20:13. This is followed by a careful consideration of
broader contextual issues. These analyses raise very specific questions about
each text, and their contexts, the answers to which are essential to any
attempt to understand what acts are prohibited. In the final section, I offer what I think are
the best answers to these questions and thus what is prohibited by Lev 18:22
and 20:13.
[2]
See Appendix A: Various Translations of Lev 18:22 & 20:13.
[3] E.g., Wold writes, “I treat the biblical text
in a ‘what you see is what you get fashion.’” See: Donald J. Wold, Out of
Order: Homosexuality in the Bible and the Ancient Near East (Austin, TX:
Venus Moon Press, 2009), 9.
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