Clay Jones argues that Jehovah commanded the Israelites to slaughter the Canaanites (men, women, and children), but that this command and the obedience of the Israelites to the command was morally justified because the Canaanites deserved the death penalty for various serious crimes or sins which were violations of the laws of Jehovah (see his article “Killing the Canaanites”). Jones provides a list of the crimes or sins allegedly committed by the Canaanites which were (supposedly) deserving of the death penalty: idolatry, incest, adultery, child sacrifice, homosexuality, and bestiality.
In Part 5 I showed that JEHOVAH IS UNJUST if he used the idea of the death penalty for “idolatry” as part of a justification for the slaughter of the Canaanites. In Part 6 I showed that JEHOVAH IS UNJUST if he used the idea of the death penalty for “incest” as part of a justification for the slaughter of the Canaanites. In Part 7 I showed that JEHOVAH IS UNJUST if he used the idea of the death penalty for “adultery” as part of a justification of the slaughter of the Canaanites.
I also plan to show that JEHOVAH IS UNJUST if he used the idea of the death penalty for “child sacrifice” as part of a justification for the slaughter of the Canaanites. However, there is a good deal of historical information and complex historical issues surrounding “child sacrifice” in the Old Testament, so I want to put in a bit more time reading and studying before I lay out my objections to this proposed moral justification of the slaughter of the Canaanites (men, women, and children).
The Sin or Crime of Homosexuality
In a previous post I pointed out that RAPE is always non-consensual sex and often involves violence against the victim, and is thus a serious crime that deserves a serious punishment; while homosexual sex is generally consensual sex between adults and thus ought not to be punished as a crime at all, and certainly ought not be punished more severely than RAPE. (Also, when homosexual sex is non-consensual, it can just be considered RAPE, and thus wrong and deserving of punishment simply for that reason.)
But the laws of Jehovah are SEXIST, and so the violent rape of a young girl by an adult man is punished not with the death penalty, but with a fine, which is paid to the girl’s father (as compensation for damaging his property), and no compensation is given to the girl. In fact, the man is required to marry his victim, and thus he gains the legal right to continue raping the girl whenever he wishes. The absurdity of imposing capital punishement for the sin or crime of homosexual sex, while only imposing a fine and a mandatory marriage on a rapist, shows that JEHOVAH IS UNJUST and that JEHOVAH IS A SEXIST (and thus that Jehovah is NOT God).
Although the laws of Jehovah are SEXIST and treat women as pieces of property owned by men (girls and single women are owned by their fathers and engaged or married women are owned by their husbands) and thus women are treated UNJUSTLY by the laws of Jehovah, there is also injustice towards men that results from the SEXIST nature of the laws of Jehovah. As I previously pointed out, only men can commit the crime of “incest” because the SEXIST laws of Jehovah fail to recognize the possibilty that women can also initiate sexual activity. Thus JEHOVAH IS UNJUST towards men for making “incest” a crime that only a man can do.
The same problem occurs here with the sin or crime of “homosexuality”:
Leviticus 18:22 New American Standard Bible (emphasis added)
22 You shall not lie with a male as one lies with a female; it is an abomination.
Leviticus 20:13 New American Standard Bible (emphasis added)
13 If there is a man who lies with a male as those who lie with a woman, both of them have committed a detestable act; they shall surely be put to death. Their bloodguiltiness is upon them.
The sin or crime of “homosexuality” (i.e. homosexual sex) can ONLY be committed by a man, according to the laws of Jehovah. But if homosexual sex is wrong for a man, then it should also be wrong for a woman. If men deserve punishment for homosexual sex, then women also deserve punishment for homosexual sex. But because the laws of Jehovah are SEXIST, they focus on the actions of men, and largely ignore the actions of women, and they also assume that only men can initiate sexual activity, when in fact women are also capable of initiating sexual activity, including homosexual sex with another woman:
41. If Jehovah commanded the slaughter of many Canaanite men as the death penalty for the sin or crime of homosexual sex, then JEHOVAH IS UNJUST, because it is unjust to severely punish men for engaging in consensual sex with other men while allowing women to engage in consensual sex with other women with impunity.
To avoid the INJUSTICE involved in laws subject to being made Void for Vagueness, a law against “homosexuality” must meet at least these three requirements:
R1. The laws of Jehovah must clearly indicate who falls under the scope of the law concerning “homosexuality”.
R2. The laws of Jehovah must state explicitly and definitely what conduct constitutes “homosexuality” and that such conduct is prohibited.
R3. The laws of Jehovah must clearly indicate what punishment may be imposed for the sin or crime of “homosexuality”.
First of all, the words “homosexual” and “homosexuality” do NOT occur anywhere in the Old Testament, so these words do not occur in the laws of Jehovah. So, there are no laws against “homosexuality” per se in the laws of Jehovah.
42. If Jehovah commanded the slaughter of many Canaanite men as the death penalty for the sin or crime of “homosexuality”, then JEHOVAH IS UNJUST, because there is no explicit prohibition of “homosexuality” in the laws of Jehovah.
But we know the meaning of the word “homosexuality”, so we can review the laws of Jehovah for laws that in effect prohibit homosexuality, even if the word “homosexuality” is not explicitly used in the laws of Jehovah. My American Heritage Dictionary (2nd College edition) gives two definitions of “homosexuality”:
1. Sexual desire for others of one’s own sex.
2. Sexual activity with another of the same sex.
It would be unjust for Jehovah to impose the death penalty on someone just for having sexual desire for others of the same sex, especially since Jehovah supposedly created human beings and thus he is responsible for creating humans who have such homosexual desires. Having a desire does not, however, mean that one must act on the desire, so it makes more sense to understand the sin or crime of “homosexuality” to mean engaging in sexual activity with another of the same sex.
The laws of Jehovah, as we have already seen, do not prohibit ALL “sexual activity with another of the same sex”. The laws of Jehovah, for example, do NOT prohibit a woman from engaging in sexual activity with another woman. The laws of Jehovah also do NOT prohibit a man from french kissing another man. So, it is inaccurate and misleading to say that the laws of Jehovah prohibit “homosexuality”. Rather, they prohibit only specific forms of homosexual activity between men.
Do the laws of Jehovah satisfy the second requirement for a just law against certain forms of homosexual activity between men? There is a problem of VAGUENESS, because of the phrase “lies with a male as those who lie with a woman”. Taken literally, a man would be committing this sin or crime just by lying down near another man without engaging in sex, since men often lie down near a woman without necessarily having sex with the woman.
But the authors of the Old Testament often used euphemisms for sexual intercourse, and this appears to be an instance of such a euphemism:
Other references to sexual intercourse also use ordinary words with a specifically sexual sense. Among the most frequent is a Hebrew verb that means “to lie with” or “to sleep with,” with both primary and sexual meanings parallel to English useage. (Michael Coogan, God and Sex, p.9-10).
Given that “to lie with” is a common euphemism in the OT for sexual intercourse, Leviticus 18:22 and 20:13 should be understood as prohibiting sexual intercourse between men.
Presumably, this law concerns anal intercourse between men, since that is the closest analogue to ordinary sexual intercourse between a man and a woman. This law of Jehovah does NOT prohibit anal intercourse between a man and a woman, nor between women (with the use of fingers or penis-shaped objects). It is UNCLEAR whether this law of Jehovah prohibits oral sex between men or mutual masturbation between men, because it is not clear that oral sex or mutual masturbation were considered to be part of ordinary sexual intercourse between a man and a woman.
So, there is a significant degree of VAGUNESS and UNCLARITY in this law, a degree that would be unacceptable in a modern court of law in the USA, because it leaves too much room for interpretation by a judge or jury. If Jehovah is omniscient and is a perfectly morally good person, then there is no good reason to lower our standards of justice for the laws of Jehovah, and if Jehovah was NOT omniscient or NOT a perfectly morally good person, then Jehovah was NOT God. Therefore:
43. If Jehovah commanded the slaughter of many Canaanite men as the death penalty for the sin or crime of having sexual intercourse with another man, then JEHOVAH IS UNJUST, becuase the laws of Jehovah are unclear as to what precise conduct counts as a violation of this prohibition.
Since Leviticus 20:13 explicitly prescribes the death penalty for this sin or crime, the third requirement (R3) for a just law is satisfied by this particular law.
What about the SCOPE of the prohibition? Does this law satisfy the first requirement (R1) of a just law? Do the laws of Jehovah clearly indicate who must comply with this prohibition? Does this law apply to the Canaanites? Once again, it is fairly clear that this law does NOT apply to Canaanites. The key question here is: What is the referent of the pronoun ‘you’ in Leviticus 18:22?
Leviticus 18:22 New American Standard Bible
22 You shall not lie with a male as one lies with a female; it is an abomination.
The opening of Chapter 18 of Leviticus makes it clear to whom the word “you” refers:
Leviticus 18:1-5 New American Standard Bible (emphasis added)
1 Then the Lord spoke to Moses, saying,
2 “Speak to the sons of Israel and say to them, ‘I am the Lord your God.
3 You shall not do what is done in the land of Egypt where you lived, nor are you to do what is done in the land of Canaan where I am bringing you; you shall not walk in their statutes.
4 You are to perform My judgments and keep My statutes, to live in accord with them; I am the Lord your God.
5 So you shall keep My statutes and My judgments, by which a man may live if he does them; I am the Lord.
The word “you” occurs seven times in these opening verses of Chapter 18, and in each case this word clearly refers back to “the sons of Israel” who previously lived “in the land of Egypt”. Clearly the word “you” in Leviticus 18:22 refers to “the sons of Israel” (i.e. the men of the nation Israel) and NOT to the Canaanites. Therefore, although the laws of Jehovah do clearly indicate the SCOPE of this law prohibiting sexual intercourse between two men, they indicate that the law applies to the Israelites, not to the Canaanites:
44. If Jehovah commanded the slaughter of many Canaanite men as the death penalty for the sin or crime of having sexual intercourse with another man, then JEHOVAH IS UNJUST, becuase the laws of Jehovah give clear indication that this law applies only to Israelite men.
In conclusion, the laws of Jehovah do clearly indicate that the death penalty may be imposed for the sin or crime of a man having sexual intercourse with another man and thus the law prohibiting this satisfies the third requirement for a just law (R3). This law, however, is somewhat UNCLEAR and VAGUE leaving it open to a judge or jury to determine whether oral sex between men counts as a violation, and whether mutual masturbation between men counts as a violation, and thus this law is unjust and should be made VOID FOR VAGUENESS and fails the second requirement for a just law (R2). Furthermore, although the SCOPE of this law is clearly indicated by the opening verses of Leviticus Chapter 18, thus satisfying (R1), the scope includes only Israelite men, not Canaanite men, and so the use of this law to impose the death penalty on a Canaanite man would be unjust.
Finally, Jehovah’s laws concerning homosexual activity are clearly UNJUST, because as a result of their SEXIST viewpoint they impose a severe punishment (death) on men for engaging in an activity that women are allowed to engage in with no punishment at all (i.e. having sex with another person of the same sex).