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===Contextual and categorical arguments===

===Contextual and categorical arguments===

An early and ongoing attempt<ref>such as by David Bartlett, professor at Yale Divinity School</ref> to negate the Levitical condemnation of homosexual relations is based upon the texts which invoke the surrounding pagan culture as examples of behavior which is forbidden to Israel. (Lv. 18:3,27,28) It then concludes that the Holiness Code was not about personal morality,  but about forming community definition. In response it is evidenced that the whole of Scripture reveals unbelievers are often used, in both Testaments, as behavioral examples who are contrary to the laws on heart attitude and actions which God is instituting.  (Exo. 20:2; 23:24;  Lev. 20:23; Dt. 12:4; 12:30-31; Jer. 10:2-3; Acts 17:30; Rm. 1:20-32; 1Cor. 6:11; Eph. 2:2-3; 4:17-19; 1Thes. 4:5; Titus 3:3; 1Pet. 1:14; 3:4,5) Moreover, such admonitions were often given in the immediate context of moral laws, but not clearly ceremonial ones. And that, considering their nature, (Psa. 106:35-38)  and the reiteration of such in the New Testament, in particular those against fornications,<ref>Mat. 5:32; 15:19; 19:9; Mk. 7:21; Jn. 8:41; Acts 15:20; 15:29; 21:25; Rom. 1:29; 1Co_5:1; 1Co. 6:9,13, 18; 7:2; 2Co. 12:21; Gal. 5:19; Eph. 5:3; Col. 3:5; 1Ths. 4:3; Heb. 12:16; 13:4; 1Pet. 4:3; Rev. 9:21; 14:8, 17:2, 4; 18:3; 19:2</ref> to relegate such laws, and in particular those against illicit sexual partners, to being for purposes of establishing cultural distinction is held to be untenable.  

An early and ongoing attempt<ref>such as by David Bartlett, professor at Yale Divinity School</ref> to negate the Levitical condemnation of homosexual relations is based upon the texts which invoke the surrounding pagan culture as examples of behavior which is forbidden to Israel. (Lv. 18:3,27,28) It then concludes that the Holiness Code was not about personal morality,  but about forming community definition. In response it is evidenced that the whole of Scripture reveals unbelievers are often used, in both Testaments, as behavioral examples who are contrary to the laws on heart attitude and actions which God is instituting.  (Exo. 20:2; 23:24;  Lev. 20:23; Dt. 12:4; 12:30-31; Jer. 10:2-3; Acts 17:30; Rm. 1:20-32; 1Cor. 6:11; Eph. 2:2-3; 4:17-19; 1Thes. 4:5; Titus 3:3; 1Pet. 1:14; 3:4,5) Moreover, such admonitions were often given in the immediate context of moral laws, but not clearly ceremonial ones. Considering their nature, (Psa. 106:35-38)  and the reiteration of such in the New Testament, in particular those against fornications,<ref>Mat. 5:32; 15:19; 19:9; Mk. 7:21; Jn. 8:41; Acts 15:20; 15:29; 21:25; Rom. 1:29; 1Co_5:1; 1Co. 6:9,13, 18; 7:2; 2Co. 12:21; Gal. 5:19; Eph. 5:3; Col. 3:5; 1Ths. 4:3; Heb. 12:16; 13:4; 1Pet. 4:3; Rev. 9:21; 14:8, 17:2, 4; 18:3; 19:2</ref> it is held to be untenable to relegate such laws, and in particular those against illicit sexual partners, to being for purposes of establishing cultural distinction.  

Another argument by pro-homosexual proponents is to assign a radical significance to (what is stated to be) only one prescription in the Old Testament for the death penalty for homosexual relations, in contrast to most of the other sins of Lv. 20 being repeated elsewhere, mainly in Dt. 27:15-26. Upon which basis they restrict Lv. 18:22 to only prohibiting male homosexual temple prostitutes.<ref>A Defense Theory, by Royce Buehler</ref> (Dt. 23:17)  

Another argument by pro-homosexual proponents is to assign a radical significance to (what is stated to be) only one prescription in the Old Testament for the death penalty for homosexual relations, in contrast to most of the other sins of Lv. 20 being repeated elsewhere, mainly in Dt. 27:15-26. Upon which basis they restrict Lv. 18:22 to only prohibiting male homosexual temple prostitutes.<ref>A Defense Theory, by Royce Buehler</ref> (Dt. 23:17)  

*1. The sentence of death for homosexual relations is essentially listed twice (collectively with all laws in Lv. 18:29, and specifically in 20:13), while elsewhere death is not mandated for some forms of incest. (Lev 18:12,14,16,18; Lv. 20:19,20,21) In addition, it is doubtful that ''cursed'' in Dt. 27 always denotes death, (Dt. 28:19ff Gn. 9:25) which would further negate disparities between reiterative quantities. Conversely, if ''cursed'' does always denote death, then it increases the number of moral offenses for which death is apparently assigned only once (Dt. 27:17,18). Or twice, as all infractions of the law of Moses would be capital sins. (Dt. 27:26)

*1. The sentence of death for homosexual relations is essentially listed twice (collectively with all laws in Lv. 18:29, and specifically in 20:13), while elsewhere death is not mandated for some forms of incest. (Lev 18:12,14,16,18; Lv. 20:19,20,21) In addition, it is doubtful that ''cursed'' in Dt. 27 always denotes death, (Dt. 28:19ff Gn. 9:25) which would further negate disparities between reiterative quantities. Conversely, if ''cursed'' does always denote death, then it increases the number of moral offenses for which death is apparently assigned only once (Dt. 27:17,18). Or twice, as all infractions of the law of Moses would be capital sins. (Dt. 27:26)

*2. No certain conclusion can be arrived at as to what category a law belongs based upon the number of times the death penalty is mentioned for it. Some forms of incest have no [[Capital punishment]] individually mandated for them, nor do all violations of the [[ten commandments]],   while the death penalty for breaking the sabbath, which most pro-homosexual advocates would categorize as ceremonial, is thrice mentioned (Ex. 31:14,15; 35:2; Num.16:32-36)<ref>[http://peacebyjesus.witnesstoday.org/TheDeathPenalty.html The Death Penalty in the  

*2. No certain conclusion can be arrived at as to what category a law belongs based upon the number of times the death penalty is mentioned for it. Some forms of incest have no [[Capital punishment]] individually mandated for them, nor do all violations of the [[ten commandments]], while the death penalty for breaking the sabbath, which most pro-homosexual advocates would categorize as ceremonial, is thrice mentioned (Ex. 31:14,15; 35:2; Num.16:32-36)<ref>[http://peacebyjesus.witnesstoday.org/TheDeathPenalty.html The Death Penalty in the  

Old Testament]</ref> (It appears the sin for which death is most mentioned in the Old Testament is unholy presumption, that of approaching holy things which only sanctified Levites were allowed to do, and for which there are eight occurrences of the capital penalty being attached to it,: Num. 1:51; 3:10,38; 4:20; 18:3,7,15,22, with three examples of this consequence: 1Sam. 6:19; 1Chr. 13:9,10; cf. 2Chr. 26:16-20; but which examples indicate capital punishment was always death by supernatural execution, as it was for unjustly afflicting a widow or fatherless child: Ex. 22:22-24)

Old Testament]</ref> (It appears the sin for which death is most mentioned in the Old Testament is unholy presumption, that of approaching holy things which only sanctified Levites were allowed to do, and for which there are eight occurrences of the capital penalty being attached to it,: Num. 1:51; 3:10,38; 4:20; 18:3,7,15,22, with three examples of this consequence: 1Sam. 6:19; 1Chr. 13:9,10; cf. 2Chr. 26:16-20; but which examples indicate capital punishment was always death by supernatural execution, as it was for unjustly afflicting a widow or fatherless child: Ex. 22:22-24)

*3. The number of repetitions of the death penalty for a sin is not a consistent criteria by which its severity is determined. According to the principal behind Gal. 3:19, the greater the need  (when the law was being given), for Israel to be deterred by a law and its capital offenses, then the more likely it should be expected to be reiterated in the recorded Mosaic code. Cannibalism is not even specifically outlawed, but like homosexual relations, and perhaps even less unconditionally wrong, it is contrary to foundational law. (Gn. 9:2,3) Likewise, Gagnon notes, "The only form of consensual sexual behavior that was regarded by ancient Israel, early Judaism, and early Christianity as more egregious than same-sex intercourse was bestiality. It is no accident that bestiality receives even less attention in the Bible than same-sex intercourse—it is mentioned only in Exod 22:19; Lev 18:23 and 20:15-16; and Deut 27:21<ref> Gagnon, Zenit Interview http://www.robgagnon.net/ZenitInterview.htm</ref>  

*3. The number of repetitions of the death penalty for a sin is not a consistent criteria by which its severity is determined. According to the principal behind Gal. 3:19, the greater the need  (when the law was being given), for Israel to be deterred by a law and its capital offenses, then the more likely it should be expected to be reiterated in the recorded Mosaic code. Cannibalism is not even specifically outlawed, but like homosexual relations, and perhaps even less unconditionally wrong, it is contrary to foundational law. (Gn. 9:2,3) Likewise, Gagnon notes, "The only form of consensual sexual behavior that was regarded by ancient Israel, early Judaism, and early Christianity as more egregious than same-sex intercourse was bestiality. It is no accident that bestiality receives even less attention in the Bible than same-sex intercourse—it is mentioned only in Exod 22:19; Lev 18:23 and 20:15-16; and Deut 27:21<ref> Gagnon, Zenit Interview http://www.robgagnon.net/ZenitInterview.htm</ref>  

*4. The phrase, ''put to death'' or similar explicit phrase is used for manifestly moral sins,<ref>Ex. 21:29; Lev.20:2,6,9,10,11,12,13,14,15,27; 24:16,17; Dt. 17:6; 13:5,9; 17:12; 21:21</ref>  sometimes in combination with ''cut off'' (Lv. 18:29; 20:17), and only for the most serious ceremonial sins (Ex. 35:2; Num. 1:51), while "cut off" is used by itself for most of the ceremonial sins Exo 12:15; 30:33; Lev 7:20,21,25,27; 17:3-4; 19:8,13; 20:18; 22:3; 23:29; Num 9:13; 15:30-31)<ref>[http://peacebyjesus.witnesstoday.org/TheDeathPenalty.html The Death Penalty in the Old Testament]</ref>

*4. The phrase, ''put to death'' or similar explicit phrase is used for manifestly moral sins,<ref>Ex. 21:29; Lev.20:2,6,9,10,11,12,13,14,15,27; 24:16,17; Dt. 17:6; 13:5,9; 17:12; 21:21</ref>  sometimes in combination with ''cut off'' (Lv. 18:29; 20:17), and only for the most serious ceremonial sins (Ex. 35:2; Num. 1:51), while "cut off" is used by itself for most of the ceremonial sins Exo 12:15; 30:33; Lev 7:20,21,25,27; 17:3-4; 19:8,13; 20:18; 22:3; 23:29; Num 9:13; 15:30-31)<ref>[http://peacebyjesus.witnesstoday.org/TheDeathPenalty.html</ref>

*5. Homosexual relations is not only included with other capital sins, but is seen as distinguished as a first-tier sexual offense in Lev 20:10-16, along with adultery, incest with one's stepmother or daughter-in-law, and bestiality. As such, it is distinguished from lesser capital sexual offenses in 20:17-21.<ref>[http://www.robgagnon.net/NicholasKristofGodAndSex.htm Gagnon, "God and Sex" or "Pants on Fire"? The "Irrelevance of Levitical Prohibitions" Argument]</ref>

*5. Homosexual relations is not only included with other capital sins, but is seen as distinguished as a first-tier sexual offense in Lev 20:10-16, along with adultery, incest with one's stepmother or daughter-in-law, and bestiality. As such, it is distinguished from lesser capital sexual offenses in 20:17-21.<ref>[http://www.robgagnon.net/NicholasKristofGodAndSex.htm Gagnon, "God and Sex" or "Pants on Fire"? The "Irrelevance of Levitical Prohibitions" Argument]</ref>