Leviticus 18 and 20: ancient purity or moral law?
Leviticus 18 lists prohibited sexual relationships (incest, adultery, intercourse during menstruation, the same-sex prohibition, bestiality) and inserts a single non-sexual prohibition (giving children to Molech). Leviticus 20 returns to most of the same prohibitions with capital sanctions attached. Four positions have been on the table since at least Origen: are these creation-order moral norms binding on all peoples, ritual purity rules for Israel's separation from Canaan, a two-tier mix of both, or commands the New Testament re-reads or supersedes? This article lays out what each position has to account for.
Leviticus 18:22 prohibits a male lying with a male 'as with a woman.' Leviticus 20:13 attaches the death penalty to the same act. The same two chapters give the incest list (18:6-18; 20:11-21), prohibit adultery (18:20; 20:10), prohibit intercourse during menstruation (18:19; 20:18), prohibit bestiality (18:23; 20:15-16), and insert the prohibition of giving children to Molech (18:21; 20:2-5). The chapter opens with the warning 'You shall not do as they do in the land of Egypt where you lived, and you shall not do as they do in the land of Canaan to which I am bringing you' (18:3). The same-sex prohibition has been the most contested element of these chapters in modern debate, but the four positions below are arguments about how to read the chapters as a whole, not just one verse. The same-sex question is decided by which reading wins, not the other way around.
What the chapters contain
Leviticus 18 and 20 are bookends of the Holiness Code (Lev 17-26), a literary unit characterized by the refrain 'I am the LORD' and the repeated call 'you shall be holy, for I the LORD your God am holy' (19:2; 20:7, 26). Chapter 18 sets up the prohibitions; chapter 19 contains the ethical heart of the code (including 'love your neighbor as yourself,' 19:18); chapter 20 returns to the prohibitions of chapter 18 with sanctions attached.
Chapter 18 is structured as a single frame around a list. The frame is the warning at verses 1-5 and 24-30: do not do as Egypt does or as Canaan does; the land vomited out its previous inhabitants for these practices, and it will vomit you out too. The list in between covers prohibited sexual relationships (incest, with explicit naming of mother, stepmother, sister, granddaughter, aunt, daughter-in-law, sister-in-law, and others), intercourse with a menstruating woman, adultery, the Molech prohibition (18:21), the same-sex prohibition (18:22), and bestiality (18:23).
Chapter 20 covers many of the same prohibitions in a different order, with capital and karet (cutting-off) penalties attached. It opens with the Molech prohibition again (20:2-5) and the prohibition of necromancy (20:6, 27). Most of the sexual prohibitions of chapter 18 reappear here with explicit sanctions. The same-sex prohibition is at 20:13 with the death penalty. The chapter closes with the same 'land will vomit you out' refrain (20:22-26).
The four positions
Four families of reading, each with named defenders and each holding a different account of what the chapters' frame and content mean.
- Gordon J. Wenham, The Book of Leviticus (NICOT, 1979)
- Robert A. J. Gagnon, The Bible and Homosexual Practice (Abingdon, 2001)
- Christopher J. H. Wright, Old Testament Ethics for the People of God (IVP, 2004)
- Richard B. Hays, The Moral Vision of the New Testament (HarperOne, 1996)
- Robert L. Brawley, Biblical Ethics and Homosexuality (Westminster John Knox, 1996), in critical dialogue
- John Calvin, Commentary on the Four Last Books of Moses (1563)
- Augustine, Contra Faustum 22.30 (c. 400)
- Thomas Aquinas, Summa Theologiae II-II q. 154 (c. 1270s)
- • The chapter's framing addresses the prohibitions to all peoples in principle. Lev 18:24-25 says 'the nations' defiled themselves with these very practices and that the land 'vomited out' its previous inhabitants. The verses presuppose that the nations were accountable for the same prohibitions
- • The list mixes practices that no reading takes as ritually neutral. Incest (mother, sister, daughter), bestiality, and child sacrifice are not parallel to the food laws or the menstrual purity rules of Lev 12 and 15
- • The penalty structure in chapter 20 differs from the ritual purity texts. The food and impurity violations of Lev 11-15 are handled by washing, waiting, and offerings. The chapter 20 sex offenses carry the death penalty or karet, which is the category reserved for serious moral violation
- • The New Testament references that touch this material (Rom 1:24-27; 1 Cor 6:9; 1 Tim 1:10) treat the same-sex prohibition as continuing in the moral order, not as having been abolished alongside the food laws (Acts 10:9-16; Mark 7:19)
- • The Noahic covenant (Gen 9:1-7) addresses humanity universally and includes the prohibition of murder. The universal-moral-law reading sees Leviticus 18-20 as articulating the same kind of universal norms in more detail
- • Jewish reception treats most of the Lev 18 prohibitions as binding on Gentiles via the Seven Noahide Laws (Sanhedrin 56a-b), which is direct second-temple Jewish witness to the universal-moral-law reading
- • The chapter sits inside the Holiness Code (Lev 17-26), which also contains rules that no reader treats as universal moral law. Lev 19:19 prohibits mixed fabrics, mixed seed in fields, and crossbreeding livestock. The position has to draw a line through the same chapter cluster between universal moral commands and Israel-specific ritual rules
- • Lev 20:18 forbids intercourse during menstruation, with karet attached, and this is rarely treated as a universal moral prohibition by Christian readers today. The position has to explain why this prohibition is not in the binding category while the surrounding prohibitions are
- • The 'land will vomit you out' refrain ties the prohibitions to the land of Israel specifically, which is a contextually bound frame for what the position takes as universal law
- • The Acts 15 council, deciding what to require of Gentile converts, lists only four prohibitions (idol-food, blood, things strangled, fornication). The list does not extend the whole of Leviticus 18 to Gentiles. The universal-law reading argues 'fornication' (porneia) covers the Leviticus 18 prohibitions; critics argue the silence is significant
The three diagnostic texts: Molech, 18:22, and the Canaan frame
Three places in chapter 18 are where the four positions differ most. The Molech clause at verse 21 is sandwiched between sexual prohibitions and is the strongest evidence the chapter is about cultic identity rather than free-standing sex ethics. The same-sex clause at verse 22 is the most contested element in modern reception. The 'land of Canaan' framing at verses 3 and 24-30 is where the chapter is anchored to a specific people in a specific land. Reading the same three passages alongside each position shows what each is committed to.
How each position handles the Molech clause, the 18:22 same-sex clause, and the chapter's 'land of Canaan' framing.
What 'abomination' means in Leviticus
The Hebrew word to'evah ('abomination') appears at Lev 18:22 and 18:26-30. It is not the same word used for ritual impurity in the food laws of Lev 11 (which uses tame', 'unclean,' and sheqets, 'detestable'). The to'evah vocabulary in Leviticus is concentrated in chapter 18, and it reappears in Deuteronomy primarily for idolatry, child sacrifice, divination, and certain sexual practices.
The universal-moral-law and two-tier positions weight the choice of to'evah heavily. It is a moral category, not a ritual one. The Holiness-Code reading replies that to'evah is used elsewhere for things that are not abstract moral evils (Deut 14:3 uses it for unclean food; Prov 11:1 uses it for dishonest scales but also 11:20 for the merely 'crooked of heart'). The vocabulary by itself does not decide the category; it has to be read in context.
What the four positions agree on is that to'evah marks the prohibitions in chapter 18 as more serious than the ritual-impurity violations of chapters 11-15. They disagree on whether 'more serious' means 'universal moral law' or 'most-serious-cultic-identity-violation.'
What chapter 20's death penalty does and does not establish
Most of the sexual prohibitions of chapter 18 reappear in chapter 20 with capital sanctions. Adultery (20:10), incest (20:11-12, 14, 17), the same-sex prohibition (20:13), and bestiality (20:15-16) all carry the death penalty. The Molech prohibition (20:2-5) also carries death. The intercourse-during-menstruation prohibition (20:18) carries karet (cutting off) rather than the death penalty, which is the only sanction differential inside the chapter.
Every position has to address the death-penalty sanctions, and none of them (including the most traditional) holds that the sanctions are still in force. The four positions differ on why. The universal-moral-law position generally argues the moral prohibitions remain in force but the civil sanctions were specific to the theocratic order. The Holiness-Code position argues the whole structure (prohibitions plus sanctions plus frame) was Israel-specific. The two-tier position holds the moral prohibitions transfer but the civil sanctions do not. The trajectory position reads the lapse of the sanctions as evidence the prohibitions themselves are also subject to redemptive-movement re-reading.
How the New Testament handles the chapters
The New Testament references Leviticus 18-20 in three places. Romans 1:24-27 and 1 Corinthians 6:9-11 are the most-cited because of their treatment of same-sex behavior; Acts 15:20, 29 is the most-cited for what is and is not required of Gentile converts; the broader citation of 'love your neighbor' (Lev 19:18 in Matt 22:39, Mark 12:31, Luke 10:27, Rom 13:9, Gal 5:14, Jas 2:8) treats the central ethical commandment of the Holiness Code as the heart of the law.
Acts 15 is the most diagnostic passage for the four positions. The Jerusalem Council decided what to require of Gentile converts and listed four prohibitions: abstention from things polluted by idols, from sexual immorality (porneia), from things strangled, and from blood. The list is much shorter than Leviticus 17-26. The universal-moral-law and two-tier positions argue porneia covers the whole Lev 18 sexual code, on the grounds that porneia in second-temple Greek usage tracked with the Levitical incest and forbidden-relations list. The Holiness-Code and trajectory positions argue the Acts 15 list is genuinely selective and that the council's silence on the rest of Leviticus 18 is significant.
Romans 1:24-27 is the most-disputed NT continuation passage. Paul describes God 'giving up' a society to dishonorable passions and lists same-sex behavior as one consequence. The universal-moral-law and two-tier positions argue Paul is directly continuing the Leviticus 18:22 / 20:13 prohibition. The trajectory position (Brownson, Vines) argues Paul is addressing a Greco-Roman cultural form of the behavior (idolatry-linked, exploitative) that is not parallel to all forms of same-sex relationship in question today. The dispute is genuine and the four positions do not collapse into each other on the exegesis of Rom 1.
Where the four positions actually disagree
The positions disagree on three questions. First, what kind of text is the Holiness Code. Universal-moral-law and two-tier readings take it as containing free-standing moral content alongside its cultic frame. Holiness-Code-separation and trajectory readings take the cultic frame as decisive about the genre of the whole. Second, how should the Christian reader handle the OT law more broadly. The Aquinas-Calvin two-tier tradition draws a moral-civil-ceremonial line. The Reformed traditional view (close to universal-moral-law) keeps the moral content binding. Milgrom-and-Knohl (close to Holiness Code) treats the unit as Israel-specific. The redemptive-movement model (Webb, Brownson) puts most of the canon's ethical content in motion. Third, what does the NT do with this material. All four positions read Acts 15, Rom 1, 1 Cor 6, and the love-your-neighbor citations differently.
On the specific question of the same-sex prohibition, the universal-moral-law and two-tier positions converge on continued moral force. The Holiness-Code position takes the prohibition as having been Israel-specific in its original context but does not by itself decide modern ethics. The trajectory position holds the prohibition is contextually limited and that the NT material does not require its continuation in the form traditional readings have given it. The four positions are not arranged as two pro-and-two-con on the contemporary ethical question; they are four different reads of what kind of text the chapters are.
Reading Leviticus 18 and 20 with the question open
What the chapters are doing inside Leviticus is clearer than what they require of contemporary readers. The Holiness Code calls Israel to a sanctuary-grade life: to be holy as the LORD is holy. The sexual prohibitions are part of that call, sitting alongside the prohibition of mistreating the poor (19:9-10), the call to love the neighbor (19:18), the prohibition of taking advantage of the deaf and blind (19:14), the requirement to leave field corners for the immigrant (19:9-10, 33-34), and the prohibition of false weights (19:35-36). All four positions agree that this is the literary unit the same-sex prohibition sits inside.
What the chapters require of contemporary readers is where the four positions hold different ground, and each has costs the other three are not willing to pay. The universal-moral-law reading keeps the chapter's plain force at the cost of needing to draw a line inside the chapter between binding and non-binding prohibitions. The Holiness-Code reading preserves the chapter's literary integrity at the cost of not deciding the contemporary question by direct extraction. The two-tier reading inherits a long Christian interpretive tradition at the cost of using post-canonical categories the Hebrew text does not give. The trajectory reading takes the NT's selectivity seriously at the cost of needing to identify which biblical trajectories are still in motion. Most readers who have stayed with these chapters end up holding a position with borrowed pieces from another. What the chapters require is that the reader name what each position costs.
Sources
- Leviticus 17-26 (Holiness Code), with focus on Lev 18:1-30; 19:18; 20:1-27 (Masoretic Text; Leningrad Codex B19a; KJV cited for familiarity)
- Leviticus 11:1-47; 12:1-8; 13:1-15:33 (purity and impurity texts for comparative material)
- Deuteronomy 14:1-21 (food laws); 22:5; 23:1-8; 23:17-18; 27:20-23 (related ethical prohibitions)
- Genesis 9:1-7 (Noahic covenant)
- Genesis 19:1-29 (Sodom narrative); Judges 19 (Gibeah)
- Romans 1:18-32; 1 Corinthians 6:9-11; 1 Timothy 1:8-11 (NT references)
- Acts 15:1-29 (Jerusalem Council)
- Matthew 5:17-48; 22:34-40; 19:3-9 (Jesus on the law)
- Galatians 3:23-4:7 (the law as paidagogos)
- Mark 7:14-23; Acts 10:9-16 (food laws)
- Babylonian Talmud, Sanhedrin 54a-58a (rabbinic reading of Lev 18, 20)
- Babylonian Talmud, Sanhedrin 56a-b (Seven Noahide Laws)
- Origen, Homilies on Leviticus (c. 240s CE), SC 286-287
- Augustine, Contra Faustum 22.30 (c. 400 CE), CSEL 25
- John Chrysostom, Homilies on Romans 4 (c. 391 CE), PG 60
- Thomas Aquinas, Summa Theologiae I-II q. 99 (the threefold division of law); II-II q. 154 (on luxuria) (c. 1270s)
- Philo of Alexandria, On the Special Laws III (1st c. CE)
- Josephus, Against Apion II.199-203 (c. 95 CE)
- Mesha Stele (KAI 181) for ANE 'abomination' vocabulary comparative material
- John Calvin, Commentary on the Four Last Books of Moses (1563)
- Westminster Confession of Faith XIX (1647)
- Mary Douglas, Purity and Danger (Routledge, 1966)
- Mary Douglas, Leviticus as Literature (Oxford, 1999)
- Gordon J. Wenham, The Book of Leviticus (NICOT; Eerdmans, 1979)
- John E. Hartley, Leviticus (Word Biblical Commentary; Word, 1992)
- Saul M. Olyan, 'And with a Male You Shall Not Lie the Lying Down of a Woman,' Journal of the History of Sexuality 5 (1994): 179-206
- Robert L. Brawley, ed., Biblical Ethics and Homosexuality (Westminster John Knox, 1996)
- Richard B. Hays, The Moral Vision of the New Testament (HarperOne, 1996)
- Erhard S. Gerstenberger, Leviticus (OTL; Westminster John Knox, 1996)
- Phyllis A. Bird, 'The Bible in Christian Ethical Deliberation Concerning Homosexuality,' in Homosexuality, Science, and the Plain Sense of Scripture, ed. D. L. Balch (Eerdmans, 2000)
- Eugene F. Rogers Jr., Sexuality and the Christian Body (Blackwell, 1999)
- Jacob Milgrom, Leviticus 17-22 (Anchor Bible; Doubleday, 2000)
- Robert A. J. Gagnon, The Bible and Homosexual Practice (Abingdon, 2001)
- William J. Webb, Slaves, Women, and Homosexuals (IVP, 2001)
- Allen P. Ross, Holiness to the LORD (Baker, 2002)
- Christopher J. H. Wright, Old Testament Ethics for the People of God (IVP, 2004)
- Walter J. Houston, Contending for the Faith (T&T Clark, 2006)
- Christophe Nihan, From Priestly Torah to Pentateuch (Mohr Siebeck, 2007)
- James V. Brownson, Bible, Gender, Sexuality (Eerdmans, 2013)
- Matthew Vines, God and the Gay Christian (Convergent, 2014)
- Roy Gane, Old Testament Law for Christians (Baker, 2017)
- Israel Knohl, The Sanctuary of Silence (Fortress, 1995)