Does the Bible Regard Same-Sex Intercourse
      
      
      As Intrinsically Sinful? 
      
      An Evaluation of Mark Powell’s Essay in 
      Faithful Conversation
      
      (Sections I-III)
       
      Robert A. J. Gagnon
      
      Associate Professor of New Testament
      
      Pittsburgh Theological Seminary, 
      Pittsburgh, PA 15206-2596
      
      gagnon@pts.edu
      
       
       
      A note to readers: This article contains the first 
      three sections of an essay, under the same title, published in a 
      collection of essays entitled Christian Sexuality: Normative 
      and Pastoral Principles (ed. Russell E. Saltzman; Minneapolis: Kirk 
      House, 2003), 106-55. The original essay was too long to be incorporated 
      in its entirety in the Christian Sexuality volume. Consequently, 
      the first three sections of the seven-section essay were summarized 
      briefly for the print edition, while the unabridged original for sections 
      I-III was moved online. 
       
           Does the Bible regard 
      same-sex intercourse as intrinsically sinful? 
      An important recent article by a Lutheran New Testament scholar answers 
      “no” and makes an overall presentation that will be perceived as 
      supporting some homosexual unions. The purpose of my essay is to make the 
      case for a “yes” answer and to show that acceptance of any 
      homosexual activity constitutes a significant departure from the biblical 
      witness—even in view of alleged “new knowledge” claims.
           The article to which I refer 
      is “The Bible and Homosexuality,” written by Mark Allan Powell, professor 
      of New Testament at Trinity Lutheran Seminary. It appears in a book that 
      may play a critical role in Lutheran (ELCA) discussions on homosexuality:
      Faithful Conversations: Christian Perspectives on Homosexuality 
      (ed. James M. Childs, Jr.; Fortress Press, 2003). As the back cover 
      indicates, this book “was initiated by the ELCA seminary presidents in 
      response to a churchwide mandate” to study the feasibility of blessing 
      homosexual unions. The book is being promoted as a study guide for ELCA 
      churches. Powell’s article, which leads off (pp. 19-40), is probably the 
      most important essay in the book. For one thing, Powell is the only 
      biblical scholar contributing to the book and it is widely acknowledged 
      that the most important obstacle to ecclesiastical approval of homosexual 
      practice is the Bible. For another, Powell is a well-published scholar who 
      generally has high regard for the authority of Scripture in the life of 
      the church. 
           Despite some attempts at 
      being evenhanded and holding a number of views congenial to a pro-complementarity 
      stance, Powell inclines his presentation in favor of a modified pro-homosex
      position. 
      As expressed in his article, Powell believes that, perhaps for “thousands” 
      of homosexual Christians, the church can—and, in his opinion, 
      should—make exceptions to the Bible’s stance against homosexual 
      practice. He claims that the church can make “exceptions” and still remain 
      within a spectrum of “biblically consistent views.” Scripture, Powell 
      contends, regards homosexual activity as “normally” sinful but not 
      “intrinsically” so. A male-female prerequisite for a sexual union is no 
      more than “the normal state of affairs” intended by God at creation (pp. 
      21-22, 29, 32). Undoubtedly, pro-homosex advocates will cite Powell as an 
      example of a moderate biblical scholar who recognizes that Scripture is 
      not an insuperable obstacle to the church’s acceptance of at least some 
      homosexual unions and thus the deliberate ordination of at least some “PSA 
      homosexuals” (practicing, self-affirming homosexuals).
      
           So far as pro-homosex 
      treatments by biblical scholars are concerned, Powell’s is one of the 
      better ones. It is certainly more cautious and concerned about Scripture 
      than most such treatments. Nevertheless, it is unfortunate that the editor 
      chose as the only contributor with expertise in biblical studies 
      someone who writes that the Bible can be made amenable to the 
      acceptance of some homosexual unions. This slants the presentation of the 
      biblical witness in this book—the most important witness for 
      pro-complementarity advocates—toward one perspective. 
      It raises questions about fairness and balance. 
      The imbalance cannot be undone by the article that I am writing here, 
      simply because this article does not appear in a volume published by the 
      official Lutheran publishing house, with all its resources and connections 
      within the ELCA. Nor does it appear in a book that carries the imprimatur 
      of the ELCA seminary presidents as an important study guide of the church. 
      However, I do hope to show, for those who read this article, that a 
      “biblically consistent view” does not permit “exceptions” to a normative 
      stance against homosexual practice. Rather, the gospel of the grace and 
      love of our Lord Jesus Christ calls for maintaining an exception-less 
      stance against homosexual practice in the context of an outreach of love 
      to those violating such a standard.
       
       
      
      I. Does Powell Advocate Exceptions?
       
                 A. Powell’s stance on “exceptions” and 
      Genesis 2:18
                Powell understands his article as not so much 
      taking a position on the Bible and homosexual practice as merely 
      delineating two plausible ends of “a spectrum of ‘biblically consistent 
      views’” and indicating what sort of arguments would have to be made to 
      support the view on each end. The two views are: (1) “the biblical texts 
      are so uniform in their condemnation of homosexual acts as to make the 
      granting of any exception for any reason almost unthinkable”; and (2) “the 
      biblical texts that condemn homosexual acts are so geared toward 
      regulating sexual preferences” that the Church should “allow for the 
      sanctioning of at least some gay and lesbian relationships” (p. 38). 
      According to Powell, he is not yet convinced that either case can be made 
      with certainty.
                I see two problems with this 
      characterization. 
      The first is that Powell does clearly inject his own stance in the 
      second-to-last paragraph of the article. There he cites Jesus’ stance 
      toward Sabbath law and concludes:
      Personally, I . . . strive to avoid adoption of either extreme. . . . For 
      me, the question becomes: Do we require homosexual people to sacrifice 
      the experience of sharing life intimately with a partner in order to 
      fulfill God’s standards of holiness as perfectly as possible? Or do we 
      allow a merciful exception to those standards in the belief that God would 
      not want such sacrifices imposed on people in burdensome and harsh 
      ways (see Matt. 11:28-30; 23:4)? . . . The Bible . . . teaches that God 
      prefers mercy to sacrifice. . . . I believe that 
      the Church should not dismiss or ignore biblical teachings against 
      homosexual relations but that the Church should follow 
      the lead of Jesus [regarding his position toward Sabbath law] in 
      recognizing that exceptions to the prohibited behavior must 
      be granted in some instances to enable homosexual people to 
      experience life as abundantly as possible. (38-39; emphases added, except 
      for prefers)
                  Powell 
      does not say: “I believe that the Church could grant exceptions.” 
      He says: “I believe that the Church should . . . must” grant exceptions. 
      The first two sentences of the extract establish clearly the circumstances 
      that would justify exceptions: The alternative to “requir[ing] homosexual 
      people to sacrifice the experience of sharing life intimately with a 
      partner” is “allow[ing] a merciful exception to those standards in the 
      belief that God would not want such sacrifices imposed.” In other words, 
      the church should grant exceptions when the prohibition of same-sex 
      intercourse would prevent homosexual persons from “sharing life intimately 
      with a partner.” Powell also thinks it is possible to have such exceptions 
      in the context of “not dismiss[ing] or ignor[ing] biblical teachings 
      against homosexual relations.” From these remarks I suspect most readers 
      will draw the conclusion that Powell, in weighing the two “ends” of the 
      spectrum, comes down fairly strongly on a modified version of the second 
      (i.e., granting exceptions). 
      Even if Powell intended this next-to-last paragraph of his article as a 
      parenthetical afterthought or personal aside, it still stands in tension 
      both with an objective of simply laying out the two main options and with 
      a claim to personal uncertainty.
      
               There is something even more problematic for 
      any claim to not advocating for a position. This brings us to the second 
      point: The personal opinion expressed at the end of the article seems both 
      to color significantly his exegetical analysis throughout the paper and to 
      be mandated by that same analysis, at least in terms of broad strokes. In 
      other words, his personal aside is inseparable from his exegetical 
      analysis: each feeds on the other. 
      This comes across unmistakably in the conclusion to the section entitled 
      “Interpretation of the Bible for Today” (2-3 pages before he gives his 
      personal opinion): 
      
      The Bible never says that it is God’s will 
      for people to be able to gratify all of their sexual desires. . . . The 
      Bible does indicate, however, that it is God’s will for individuals to 
      have the opportunity to share their lives with intimate partners (Gen 
      2:18-25). The Church may set limits regarding such partnerships 
      (prohibiting marriage to close relatives and discouraging marriage to 
      unbelievers), but to insist on limits [to sexually intimate 
      life partnerships] that deny thousands of people 
      the possibility of such relationships altogether is to fly in 
      the face of Scripture. Even while paying heed to the Bible’s 
      prohibitions against same-sex intercourse, the Church also must 
      recognize God’s clear declaration that it is not good for a person to have 
      to live life alone. (p. 36; emphases added)
                  Powell does 
      not say, in tentative manner: “One wonders whether insisting on 
      limits . . . flies in the face of Scripture.” No, Powell is quite 
      categorical: The church is definitely flying in the face of Scripture when 
      it maintains an absolute policy barring all homosexual unions. Powell says 
      that the church may set limits by excluding some types of “intimate 
      partnerships” altogether—but only so long as other opportunities for such 
      partnerships exist. For example, the church can maintain an exception-less 
      policy on incest because persons involved in incestuous unions are not “so 
      incest-oriented that a meaningful nonincestuous sexual relationship would 
      be impossible for them” (p. 35). The use of a permissive may is 
      followed by a clause with an adversative conjunction but, 
      suggesting that the following specifies what must not be permitted. The 
      church may have an exception-less policy on incest; but 
      having the same sort of policy with respect to homosexual relations “flies 
      in the face of Scripture.” Now, “to fly in the face of” means “to stand or 
      act forthrightly or brazenly in defiance or contradiction of” (Webster). 
      Readers will be hard-pressed not to draw the inference: Powell believes 
      the church should not have an absolute or exception-less policy on 
      homosexual unions. The church may have one on incest, but not one on 
      same-sex intercourse.
                  We will 
      discuss shortly in section I.B. below the exegetical and hermeneutical 
      assumptions that Powell makes to justify his position on “exceptions.” It 
      is convenient to introduce one of those assumptions now since it speaks to 
      what Powell means by Scripture in the phrase “flies in the face of 
      Scripture.” 
      
        - 
        Powell’s 
        interpretation of Gen 2:18. Scripture in the excerpt above is 
        essentially a cipher for Genesis 2:18-25, the only text cited in the 
        immediate context—particularly 2:18 (“It is not good for the human to be 
        alone”), which is explicitly alluded to in the last sentence of the 
        excerpt from p. 36, and, to a lesser extent, 2:24 (“and the two shall 
        become one flesh”). 
        It is this scripture that dominates Powell’s discussion of a case for 
        exceptions (pp. 30-36). It constantly reappears in the expressions “life 
        partner(ship),” which Powell connects with Gen 2:18 (p. 22) and 
        “becoming one,” which Powell obviously cites from Gen 2:24. From Gen 
        2:18 Powell concludes that a “celibacy requirement” imposed on a 
        homosexual Christian, particularly a homosexual Christian who yearns 
        intensely for a life partner, renders that person’s life “not good” and 
        “displeasing to God” (pp. 30-32). In addition to Gen 2:18-25, Powell 
        also makes an appeal to the two New Testament texts that speak of 
        celibacy as a gift (Matt 19:11 and 1 Cor 7:9; p. 29) and to Hos 6:6 (God 
        desires mercy and not sacrifice), which Matthew twice quotes (9:13; 
        12:7; p. 38). However, these texts play an ancillary role and only work 
        in conjunction with Powell’s particular reading of Gen 2:18-25. When 
        Powell summarizes his exegetical conclusions, he contrasts the Bible’s 
        consistent proscription of homosexual relations with his interpretation 
        of one scripture, Gen 2:18-25: On the one hand, “the Bible teaches that 
        it is the will of God for all people to have the opportunity of sharing 
        life with a partner, a person with whom they form an intimate bond so as 
        to ‘become one’”; on the other hand, the Bible consistently regards 
        homosexual relations “as a departure from God’s design” in creation (p. 
        32). 
        In effect, Powell uses Gen 2:18—it is not good for a person to be 
        alone—as a crowbar for prying exceptions from Scripture’s absolute 
        proscription of same-sex intercourse.
         
The 
      sentence that immediately precedes the remark about “flying in the face of 
      Scripture” makes quite clear who these exceptions are: “thousands” of 
      homosexual persons who would otherwise be denied “the opportunity to share 
      their lives with intimate [life-] partners,” in a manner approximating Gen 
      2:18-25. How might they be denied the opportunity? Two pages before 
      drawing his conclusion about “flying in the face of Scripture” he 
      discusses the fact that 
      
      the Church is left with thousands 
      of homosexual Christians for whom neither therapy nor celibacy appears 
      viable. They experience what Paul calls “burning” for a life-partner. 
      . . . They want what most humans want—to fall in love and to form a family 
      with one special person. . . . When they seek to obey what seems to be the 
      teaching of the Bible (and of the Church), they discover that their lives 
      nevertheless fit a pattern that God explicitly calls “not good” (Gen. 
      2:18). And so they turn to the Church again and ask, “What should we do?” 
      (p. 34; emphasis added)
                  How are 
      these “thousands of homosexual Christians” denied altogether “the 
      opportunity of sharing their lives with intimate partners” (p. 36, 38)? 
      They are denied it when “neither therapy nor celibacy appears viable” for 
      them and the church makes no exceptions in its prohibition of same-sex 
      intercourse (p. 34). In other words, when one inquires into Powell’s 
      criteria for discerning “exceptions,” the only ones that he leaves readers 
      with, and the ones that he presents as sufficient, are: 
      
      (1)   a deep 
      personal dissatisfaction with celibacy coupled with a burning desire for 
      an intimate partner (celibacy is not a viable option);
      
      
      (2)   a loving 
      monogamous commitment to a “life-partnership”; 
      
      (3)   a 
      relatively exclusive and fixed homoerotic “orientation” (therapy is not a 
      viable option).
      
      To 
      refuse life partnerships to homosexual Christians who satisfy all three 
      criteria—Powell estimates that there are thousands of them—is to “fly in 
      the face of Scripture” (p. 36), impose sacrifices “in burdensome and harsh 
      ways” (p. 38), and foreclose an opportunity “to experience life as 
      abundantly as possible” (p. 39). 
      
      Powell may have changed his stance on this since the publication of his 
      article; or he may not have worded his remarks in a manner that would 
      clearly reflect his views. 
      However, Powell cannot blame his readers for gaining the impression that: 
      (1) he advocates a position that favors exceptions to the Bible’s 
      prohibition of same-sex intercourse; and (2) he views as exceptional cases 
      “thousands of homosexual Christians for whom neither therapy nor celibacy 
      appears viable.” Furthermore, readers will likely surmise that Powell 
      makes these exceptions in the context of embracing the Bible’s prohibition 
      of homosexual behavior as “the normal state of affairs.” 
      What 
      other assumptions does Powell make that more or less mandate his stance on 
      exceptions?
       
         B. Three other assumptions by Powell necessary for “exceptions”
                In addition to 
      his particular interpretation of Gen 2:18, Powell makes three other 
      assumptions—erroneous assumptions, in my view—that contribute to his 
      “exceptions view” at the end of the article.
      
        - 
        The Bible is 
        unaware of homosexual orientation. Powell assumes: “At the time the 
        Bible was written, the concept of ‘sexual orientation’ was unknown” (p. 
        19). Powell believes that it never would have occurred to the biblical 
        authors, including Paul, that some people would always be incapable of 
        experiencing sexual fulfillment in heterosexual marriages.  
       
      
      What if [heterosexual] marriages are not a 
      realistic option? The latter question never comes up in the Bible but is 
      often asked today in light of a modern understanding of “sexual 
      orientation.” (p. 29)
      
      
       
      
      The biblical texts that condemn homosexual 
      acts are so geared toward regulating sexual preferences that their 
      application to persons of homosexual orientation is a matter that 
      merits special consideration. (p. 38)
      
      
      
      Raising uncertainty about what the Bible would say to persons with a 
      relatively fixed “homosexual orientation” is crucial for Powell’s ultimate 
      position on exceptions—the “thousands of homosexual Christians for whom 
      neither therapy nor celibacy appears viable” (p.34). Powell follows this 
      remark about “thousands” with a query: 
      
      When they seek to obey what seems to be 
      the teaching of the Bible (and the Church), they discover that their lives 
      nevertheless fit a pattern that God explicitly calls “not good” (Gen. 
      2:18). And so they turn to the Church again and ask, “What should we do?”
      This is the context in which the Church must consider whether there may 
      be any exceptions to the biblical prohibitions against homosexual 
      behavior. (p. 34; my emphasis)
      It is 
      the issue of orientation that distinguishes homosexual practice from 
      incest and raises an acute problem for the church:
      
      People involved in incestuous 
      relationships do not usually maintain that they are so incest-oriented 
      that a meaningful nonincestuous relationship would be impossible for them.
      The pressing point for the Church with regard to homosexuality occurs 
      over this issue. (p. 35)
      The 
      concept of a relatively fixed homosexual orientation, alongside of a deep 
      dissatisfaction with celibacy, is the context for considering exceptions 
      inasmuch as persons exclusively attracted to the same sex are left unable 
      to fulfill “their God-given desire for an intimate life-partner” (ibid.).
      
      
       
      
      no biblical text ever specifically 
      comments on the morality of sexual relations between two men or two women 
      who are in a loving relationship characterized by life-long commitment. 
      Thus, when two Christian men or women ask the Church to bless a 
      relationship in which they will become romantic, spiritual, and 
      probably sexual “life partners,” 
      the Church is presented with a situation that never comes up, as such, in 
      scripture. (p. 19) 
      In 
      consequence of this, Powell insists: 
      
      We cannot know for certain what Paul would 
      have prescribed for the redeemed Christian who continues to have 
      homosexual impulses or
      to engage in homosexual activity that is neither promiscuous nor 
      exploitative. (p. 31; my emphasis)
      
      
      Indeed, Powell goes so far as to say in the next sentence that “no 
      projection of what Paul ‘might have thought’ about this situation can be 
      determinative for the Church’s deliberations” since “canonical 
      authority extends only to what is actually written” in Scripture (p. 
      31). 
      According to Powell, one of the three key issues in determining whether to 
      sanction some homosexual relations is the degree to which “a committed and 
      loving relationship between two same-sex partners” can approximate 
      heterosexual marriage (p. 38).
      
        - 
        The Bible does not 
        regard same-sex intercourse as intrinsically sinful. This is perhaps 
        the most important assumption 
        that Powell makes, since he is concerned with “the relevance of the 
        biblical perspective” (p.33). 
        Were Powell to concede that the Bible’s prohibition is absolute, his 
        case for exceptions would fold. So he contends instead, “the Bible 
        presents sexual activity between same-sex partners as intrinsically 
        unnatural but not as intrinsically sinful.” (p. 35). By “not 
        intrinsically sinful” Powell apparently means that approval of 
        some homosexual activity is possible, at least hypothetically. 
        With respect to Rom 1:26-27, in particular, he states:  
       
      
      Paul seems to say that (1) all 
      instances of homosexuality are unnatural; and that (2) the instances of 
      homosexuality known to his Roman readers are both unnatural and 
      wrong. This still leaves open the possibility of some instances (unlike 
      what Paul describes) in which homosexual relations could be regarded 
      only as unnatural but not as wrong. (p. 28)
      To be sure, 
      Powell contends that a “heavy burden of proof” rests on those who argue 
      for exceptions since every reference to homosexual relations is negative.
      Still, 
      in the biblical writings themselves, sexual activity between same-sex 
      partners is consistently regarded as both unnatural and sinful every time 
      it is mentioned. In other words, while the possibility of some type 
      of nonsinful sexual activity between same-sex partners is not ruled out, 
      such a possibility remains completely hypothetical within the Bible 
      itself. Thus, a heavy burden of proof rests on those who want to claim 
      that certain instances of homosexual behavior in the modern world qualify 
      for such exceptional status. (p. 35)
           Given the conclusions 
      that Powell reaches on pp. 36 and 38-39 (the first two block quotations 
      cited in I.A. above), Powell apparently thinks that he has met this 
      “heavy” burden of proof. In Powell’s view, “the Bible regards the 
      instances of same-sex intercourse to which it refers as shameful 
      and degrading acts, unacceptable conduct for God’s people” (p. 37; 
      emphasis added)—but only the instances “to which it refers,” not 
      necessarily to same-sex intercourse per se. Similarly, in his 
      discussion of the terms malakoi (literally, “soft men”) and 
      arsenokoitai (literally, “men lying with males”) in the vice list of 1 
      Cor 6:9-10 he states: 
      
      a general repudiation of homosexual 
      acts [does not] preclude the possibility of exceptions. . . . the question 
      remains: must all homosexual acts must be considered sinful just because 
      the acts associated with the first-century people known as arsenokoitai 
      and malakoi were regarded as such? (p. 26)
           
      The flipside to Powell’s view that the Bible treats same-sex intercourse 
      as intrinsically unnatural but not as intrinsically sinful is: “The 
      Bible consistently presents heterosexual relations as ‘the normal state of 
      affairs’ in keeping with the original design of God at creation; 
      homosexual relations are regarded as a departure from God’s design” (p. 
      32, my emphasis). The second half of that quotation makes clear that, for 
      Powell, “calling heterosexual unions ‘the normal state of affairs’ does 
      not just acknowledge heterosexuality as a dominant biological or cultural 
      phenomenon but identifies heterosexuality as demonstrative of the original 
      intent of God” (p. 21). In other words, heterosexual relationships are not 
      just common; they are normative. Yet, Powell hastens to add: “That which 
      is contrary to the normal state of affairs is not necessarily 
      sinful” (p. 29; cf. pp. 21-22). Even given that caveat, though, the phrase 
      “normal state of affairs” is an unfortunate expression for what Powell 
      wants to communicate because it does not convey a strong prescriptive 
      aspect.
       
                  C. 
      Powell’s slanting of arguments toward “exceptions”
           For 
      someone who is not stumping for a position, who is in dialogue mode, or 
      whose thinking on the matter is still in process, Powell comes across 
      in his article as surprisingly confident about key aspects of “the 
      Bible and homosexuality”: 
      
      
      
           To be 
      sure, Powell makes other points in his article that, if accepted, would at 
      least give the pro-homosex agenda some pause about an unrestricted embrace 
      of homosexual unions. In addition to statements already quoted we can cite 
      the following examples: 
      
        - 
        “The argument that 
        God creates or intends some people to be homosexual . . . finds no 
        warrant in Scripture.” Yet Powell then diminishes the significance of 
        this observation: “The Bible does not, however, automatically identify 
        what is contrary to the ‘normal state of affairs’ as evil or immoral” 
        (p. 21). 
- 
        The Levitical 
        prohibitions of male-male intercourse regard such intercourse as “necessarily 
        . . . wrong” (p. 24). Yet this important observation goes nowhere in 
        Powell’s larger discussion (see discussion below).  
- 
        Some are opposed to 
        “requiring” celibacy of homosexuals because, without the gift of 
        celibacy, “they will yield to temptation and fall into sexual sin.” 
        Powell dismisses this as “ultimately only a minor concern. Jesus calls 
        all people to practice self-denial, and Paul promises that self-control 
        is a fruit of the Spirit.” But Powell immediately deflates the 
        significance of this point by referring to “a wider concern”: a celibacy 
        requirement forces persons “to devote an inordinate amount of spiritual 
        energy to managing” lustful passions. Worse still, Powell says, a 
        celibacy “requirement” makes the lives of homosexuals “displeasing to 
        God” by denying them “the fullness of life experienced by becoming one 
        with another” (p. 30; cf. p. 35). 
- 
        “The simple 
        demonstration that same-sex couples are able to form loving, committed 
        relationships is not sufficient,” citing the example of caring 
        incestuous unions. Yet “not sufficient” differs from irrelevant. The 
        ability to form loving, committed relationships is a factor in 
        ascribing legitimacy to homoerotic unions, when coupled with the 
        consideration of an exclusively homosexual orientation. The latter is 
        “the pressing point for the Church” (p. 35). 
The 
      bulleted points provide a good illustration of how Powell’s rhetoric 
      operates in his article. Even when he makes a point for the 
      pro-complementarity side, he usually responds immediately that this point 
      is not decisive for overturning a modified pro-homosex position favoring 
      exceptions.
      
      The 
      bottom line: Readers who accept the validity of the three key 
      assumptions/points that Powell “knows” would undoubtedly arrive at the 
      position of “exceptions” that Powell does at the conclusion of his 
      article—or something even more extreme. I myself would feel compelled to 
      embrace this conclusion if I agreed with the key assumptions. 
      In 
      view of this, it is hard to cast Powell’s personal view of what the Church 
      “should” do, found at the end of the article, as a mere parenthetical 
      afterthought or personal aside. The gist of what is said leading up to 
      this personal view more or less requires this personal view. Powell, 
      consciously or not, is advocating in favor of thousands of exceptions to a 
      “normal” or “normative” biblical stance against homosexual activity.
       
      
      II. What Powell Claims the Church 
      
      
      Would Not Be Doing in Granting 
      Exceptions
       
      Powell begins the last 
      section of his article by “clarifying what the Church would not be 
      doing” if it sanctioned “some relationships between some homosexual 
      persons who meet certain criteria defined by the Church (for instance, 
      public commitment to a lifelong, monogamous union)” (p. 36). Given the 
      tilt of the presentation leading up to this point, as well as the personal 
      opinion favoring exceptions that soon follows, this part of Powell’s 
      article comes across as an attempt at reassuring the pro-complementarity 
      side that things will not be so bad if the ELCA decides to make 
      “allowances.” Powell makes four points, all of which, I believe, are 
      incorrect. 
      A. Not 
      endorsing homosexual behavior? 
      Powell claims: 
      The 
      Church would not be endorsing homosexuality as an alternative lifestyle 
      that Christians may or may not engage in as they wish. The Church 
      could continue to respect the biblical perspective that regards 
      homosexuality as a departure from God’s original design and that presents 
      homosexual behavior as activity that is normally contrary to God’s 
      will. It is not necessary for the Church to question such propositions to 
      recognize that certain circumstances may justify exceptions to the 
      usual policy. (p. 36; my emphases)                        
                  For the moment we will leave aside the 
      claim that a policy of exceptions would “continue to respect the biblical 
      perspective”—an assurance that is predicated on the erroneous view that 
      the Bible regards same-sex intercourse only as normally sinful, but not as 
      intrinsically so. If the church adopts the view that homosexual relations 
      are not contrary to God’s will in certain circumstances, then how would 
      the church not be “endorsing” homosexual relations “as an alternative 
      lifestyle” for some? To add the qualifier “that Christians may or 
      may not engage in as they wish” is meaningless since the church does not 
      even endorse every form of heterosexual behavior. In what sense, 
      then, would the biblical perspective on same-sex intercourse be treated as 
      functionally different from that regarding heterosexual practice? I 
      suppose that self-professed bisexuals could be asked to stay with 
      opposite-sex unions but, apart from that consideration—which at any rate 
      is utterly unrealistic—expectations for homosexual and heterosexual unions 
      would be the same. If some sexually intimate partnerships fulfill the 
      biblical provision of enabling two to “become one,” as Powell thinks, then 
      why shouldn’t the church fully endorse such partnerships? If it is “not 
      good” for a person to be without a lifetime sex partner and a person of 
      the same sex can qualify as such, then a homoerotic lifetime partnership 
      must be at least a second-order “good”—hence, a valid “alternative 
      lifestyle.” 
      The term exceptions 
      would become meaningless. The “usual policy” of forbidding homosexual 
      behavior would apply only to those not particularly “oriented” toward 
      violating it. It would not apply to any persons who professed a 
      predominant homosexual orientation, claimed that they found an unpartnered 
      existence unbearable, and were willing to commit publicly to “a lifelong 
      monogamous union.” Such persons would not be required to confess their 
      sexual relationship as sin, nor would they desist from further 
      participation in it (i.e., repent).
                  A practical problem here, probably 
      unsolvable, is: How would the church know when a given individual has a 
      fixed and unalterable, “exclusive” orientation? As regards an 
      allegedly fixed and unalterable orientation, the overwhelming majority of 
      homosexuals, even so-called exclusive homosexuals, make at least one shift 
      along the Kinsey spectrum of 0 (exclusively heterosexual) to 6 
      (exclusively homosexual) at some point during the course of life (e.g., 
      from exclusively homosexual [6] to predominantly homosexual [5] or to more 
      homosexual than heterosexual [4]). This can happen, sometimes quite 
      unexpectedly, through changing experiences and encounters at any time in 
      one’s life, with or without therapeutic intervention. It is impossible for 
      any self-identified homosexual, to say nothing of the church, to know in 
      advance of the final moment preceding death whether his or her sexual 
      “orientation”—which is nothing more than a term for the directedness of 
      one’s sexual desire at a given moment in life—is fixed and unalterable. 
      Not even Powell is recommending an ecclesiastically mandated period 
      of therapeutic intervention before the church makes such assumptions—which 
      intervention would still not guarantee that the orientation would never 
      shift in the future.
      
      And what would count as an 
      exclusive orientation toward members of the same sex? A little over a year 
      ago I met a homosexual minister-scholar who had been married for twenty 
      years and had several children from the marriage. With his wife’s 
      “blessing” he divorced her and moved in with a homosexual lover. I asked 
      him: “During all the time of courtship and marriage did you ever feel the 
      slightest sexual attraction for your wife?” He responded: “Yes, I felt 
      some sexual attraction. But as with most gays, it was like playing tennis 
      left-handed when one is really right-handed.” Does that count as an 
      exclusive orientation? He had experienced a limited amount of heterosexual 
      attraction but ultimately felt dissatisfied with his sexual life. He and 
      his wife are still close today: would that count as a lifetime sex 
      partner? There are no clear answers to questions like these, not even for 
      those experiencing homoerotic impulses. Moreover, the church would have 
      nothing to go on beside the self-testimony of people who feel some level 
      of attraction for the same sex, which testimony can be easily manipulated 
      to achieve the desired ends. Any attempt at limiting approval of 
      homosexual unions to homosexuals with a relatively fixed and exclusive 
      homosexual orientation would be an exercise in utter futility. 
                  Another practical problem is Powell’s 
      example of the church sanctioning homosexual relationships with a “public 
      commitment to a lifelong, monogamous union.” Unofficial blessing 
      ceremonies for homosexuals today normally do not involve such a 
      precise commitment. Indeed, it would be absurd for the church to require 
      it, given that data to date suggests that no more than 5% of homosexual 
      unions will turn out to be both lifelong and 
      monogamous—unless, of course, the union is entered into late in life or 
      one of the partners dies prematurely because of non-natural causes such as 
      AIDS. To ask for a “public commitment to a lifelong, monogamous union” 
      from a homosexual relationship that almost certainly will not be both is 
      to make a mockery of the terms of the commitment. To be sure, heterosexual 
      unions are themselves far from perfect. Yet even in American society today 
      half of heterosexual marriages do not end in divorce. According to the 
      1992 National Health and Social Life Survey (Laumann et al.), 75% of all 
      men and 85% of all women have never had an extramarital affair. 
      At most, given the 
      statistics for homosexual unions to date, the church might realistically 
      ask for a ten-year monogamous commitment on the part of lesbians or 
      a twenty-year semi-monogamous commitment on the part of male 
      homosexuals (say, with less than five occasional outside partners). Even 
      with these significantly lowered expectations, a “success rate” of no 
      higher than 25% could be anticipated. Probably a better course of action 
      would be to ask for a public commitment to “do the best you can” in 
      keeping the relationship long-term (as opposed to lifelong) with the 
      fewest outside partners possible. Or, because such a charge would be 
      embarrassingly honest, the church could simply ask for a commitment of 
      some sort between the two parties. A significant culprit for the 
      non-lifelong and/or non-monogamous character of nearly all homosexual 
      unions is the discomplementarity of a male-male or female-female union. 
      Male-female differences contribute markedly to the stability of sexual 
      unions, particularly in moderating the unhealthy excesses of each sex (see 
      section IV. below). 
                  Moreover, it is politically naïve not to 
      recognize that even a very limited acceptance of some homosexual unions 
      would merely serve as a transitional stage to full acceptance. No special 
      gift in clairvoyance is needed to forecast the consequences. The 
      difference between sanctioning no homosexual unions and sanctioning a 
      small number is like the difference between sanctioning no adulterous 
      relationships and sanctioning a few; or sanctioning no adult incestuous 
      unions and sanctioning a few; or rejecting all sex with prepubescent 
      children and allowing it in certain well-defined circumstances. It is 
      analogous to the difference between bolting all doors and windows to 
      prevent a thief from entering and leaving one window open for a breath of 
      fresh air. To give approval to even a small minority of cases is to set in 
      motion the gradual erosion of ecclesiastical resistance to the conduct, 
      eventually eliminating altogether the social stigma, shame, and revulsion 
      attached to it.
      
      The homosex lobby in church 
      and society has been about nothing if not about transition—not in their 
      own views but in manipulating the views of society. 
      The aim of homosex-advocacy groups is to move people from one transitional 
      phase to the next by means of guilt-producing claims of victimization, 
      injustice, and intolerance. 
      They solidify their gains each step of the way by incremental coercion. In 
      the secular sphere we see the homosexual agenda at work in the movement 
      from propaganda that falsely places “sexual orientation” on a par with 
      race and gender, to hate-crime legislation (starting with violent acts and 
      transitioning to speech that refers to homosexual behavior as sinful), to 
      mandatory pro-homosex indoctrination in schools and businesses, to 
      employment non-discrimination and affirmative action legislation (phased 
      in first in the secular business sector and then against religious 
      organizations), to “coming out” celebrations (first permitted, then 
      required in the workplace and in schools), to domestic partner benefits, 
      and finally to full-blown marriage. All one need do is look at recent 
      developments in the Scandinavian countries, in Canada, and in the United 
      States (particularly California, Vermont, and Massachusetts) to see the 
      writing on the wall. Or, on the ecclesiastical scene, look at what has 
      happened to the United Church of Christ at the national level. Powell’s 
      analysis, if embraced, provides a way station that will inevitably lead to 
      the coerced celebration and full normalization of homosexual behavior in 
      the church—all to the detriment of our children. 
                  B. Not redefining marriage? 
      
      Powell’s second claim 
      regarding what the church would not be doing in granting exceptions fares 
      no better than the first: 
      The 
      Church would not be redefining marriage as a partnership that may be 
      constituted by same-sex couples as well as by heterosexual ones. The 
      Church could continue to affirm its traditional understanding of marriage 
      and recognize certain homosexual relationships as something other than 
      marriage—as relationships that have value in their own right but that do 
      not constitute actual marriages. (p. 36)
                  Note Powell’s formulation: “as something 
      other than marriage.” What is this something other than marriage? A 
      definition would be in order but Powell does not stop to offer the reader 
      one that distinguishes this “something other than marriage” from marriage. 
      Instead, what one finds elsewhere in Powell’s article is an attempt at 
      describing the essence of what heterosexual marriage offers, which Powell 
      in turn thinks should be made available to some homosexuals in a 
      homoerotic relationship. 
      So Powell is really setting up a quasi-marriage of sorts, whether he 
      admits it or not. This comes across clearly in the fact that Powell, when 
      making his case, repeatedly alludes to Gen 2:18-24—the key marriage story 
      in the Bible. He refers to “the basic human yearning for an intimate, 
      lifelong relationship through which two persons may be said to ‘become 
      one’ (Gen. 2:21-24)” (p. 30); and declares, “God does not want homosexual 
      persons (or anyone else) to have to live alone, denied the opportunity of 
      ‘becoming one’ with a life-partner through an intimate bond of love and 
      devotion” (p. 37). 
      One cannot have it both ways: appealing to the Bible’s key marriage text 
      to say that what heterosexuals have in marriage should be made available 
      to some homosexual relationships, while at the same time denying that the 
      Church would be redefining marriage to include same-sex couples.
      Powell also gets trapped in 
      a “catch 22.”  For not to call these sanctioned homoerotic unions 
      marriages, and yet to bless them, is to institutionalize sex outside of 
      marriage. From the vantage point of Jesus and the early church, this is to 
      sanction sin. And yet to call them marriages is to fundamentally transform 
      marriage as something other than a one-flesh re-merger of complementary 
      sexual others. 
                  In addition, most homosexual believers 
      who seek a blessing ceremony from the church publicly proclaim that they 
      interpret the relationship as a marriage. They often draw on marriage 
      imagery, liturgy, and ritual in these ceremonies, even when the intent is 
      to radically revamp marriage as an institution. The secular culture is 
      also pushing in the direction of defining homosexual unions as marriages, 
      or at least the institutional equivalent, with all the rights and benefits 
      awarded married couples (medical benefits, adoption, etc.). In such a 
      context it is untenable to argue that the church would not be re-defining 
      marriage by sanctioning some homosexual relationships.
                  C. Not condoning certain sex acts?
      
      The third assurance that 
      Powell gives is: “The Church would not be endorsing or even condoning any 
      specific sex acts that might be performed by same-sex couples” (p. 36). I 
      think that the distinction will be lost on most people. If the church is 
      going to sanction some relationships between some homosexual persons, it 
      will inevitably have to turn a blind eye to the practices that typify 
      homosexual relationships. What is the church going to say? We will bless 
      this male homosexual union but we do not want you to ever penetrate your 
      partner? The church is not going to say that and, in any case, most male 
      homosexuals are not going to stop doing it. Furthermore, when the 
      overwhelming majority of all homosexual relationships that are sanctioned 
      year after year by the church turn out not to be both lifelong and 
      monogamous, ecclesiastical claims to valuing permanence and monogamy among 
      sexual unions will surely ring hollow.
                  D. Not rejecting celibacy or 
      therapy as “first options”? 
      The fourth assurance is 
      perhaps the most far-fetched of all. Powell claims: “The Church would not 
      be rejecting or discrediting the views or efforts of those who encourage 
      celibacy or therapy as ‘first-options’ for gay and lesbian persons.” Nor 
      would it be rejecting the views of homosexual activists who wanted to 
      “celebrate homosexual partnerships with the same enthusiasm that attends 
      heterosexual marriages. . . . The Church could acknowledge such diversity 
      without any official ruling as to who is right and who is wrong” (p. 37).
      
      The homosexual lobby in the 
      church is not renowned for its tolerance of people who regard homoerotic 
      impulses as sinful or just undesirable. With the church’s blessing upon at 
      least some homosexual unions, homosexual activists will smell blood in the 
      water and will go after any pastors or denominational officials who dare 
      to suggest celibacy and therapy for homosexuals. It will not be long 
      before:
      
        - 
        Candidates for ordination who dare to recommend 
        therapy or celibacy for homosexuals, even if only as a “first option,” 
        will be denied ordination.  
- 
        Pastors who declare it from the pulpits will be 
        brought up on charges of discrimination, homophobia, intolerance, and 
        hate.  
- 
        Denominational seminaries, already largely in the 
        grip of the pro-homosex agenda, will officially refuse to hire or 
        tenure professors who give the slightest indication of not signing on to 
        that agenda. Christian colleges and seminaries that cannot demonstrate 
        affirmative action hiring practices for self-professed gays and lesbians 
        will risk losing accreditation, federal loans, and tax-exempt status. 
- 
        From day one on, seminary students will be 
        thoroughly indoctrinated about the broad meaning of sexual orientation 
        harassment and will learn to be silent about their reservations or face 
        dismissal.  
- 
        Denominational structures will become further 
        radicalized to hard-left positions, not just in the area of sexuality 
        but also as regards Christology and the authority of Scripture (or lack 
        thereof) in the life of the church.  
- 
        Denominational publishing houses, already 
        providing inadequate representation of the pro-comp position, will 
        surely cease publishing anything that is less than a full endorsement of 
        “gay rights” in all its abrasive manifestations.  
- 
        When the church capitulates on this issue, society 
        at large will become more draconian in ferreting out alleged 
        “homophobia,” even to the point of implementing criminal prosecution for 
        “hate speech” and “discrimination,” broadly interpreted.  
The people that I am most 
      concerned about are thirty-year olds and under, especially our children. 
      They will be the recipients of massive indoctrination and intimidation. If 
      they decide to maintain a scriptural position, they will be treated as the 
      moral equivalent of racists. In addition, with ecclesiastical incentives 
      in place for “exploring” one’s “sexual orientation,” the numbers of those 
      who develop homoerotic impulses and identify as homosexual will increase. 
      Along with that increase will come disproportionately high, negative side 
      effects to health, relational stability and monogamy, and gender identity 
      formation.
      
      I meet many persons on the 
      “pro-comp” side of the sexuality debate who are already tired of all the 
      talk about sex and tired of the intimidation and name-calling. If they 
      cave in to the pro-homosex agenda, all I can say to them is: You haven’t 
      seen anything yet. And our children will suffer far more if we put our 
      head in the sand and ask to be left alone.
       
      
      III. Interpretative 
      Issues: 
      
      Core Values, 
      Structural Complementarity, and Burden of Proof 
                      A. On core values
                At the start of his essay Powell 
      lists five principles for interpretation of Scripture that constitute “a 
      Lutheran approach” (p. 20). I have no quarrel with any of these principles
      in principle. In fact, none of them can be characterized as 
      creating a peculiarly “Lutheran approach” (as Powell himself seems to 
      admit). Where we differ is over the application of these principles. 
                 An example of this is his 
      application of his own fourth principle: Some things in Scripture are more 
      important than others. That he could suggest reinterpretation of Sabbath 
      law by Jesus and the early church as a comparable analogue to the issue of 
      homosexual practice (pp. 38-39) shows just how much he underestimates the 
      importance Scripture attaches to the male-female prerequisite for valid 
      sexual unions. Certainly Paul did not regard Sabbath and sex as comparable 
      issues. Paul viewed all days as alike (Rom 14:5-6) while staunchly 
      upholding a series of category sex proscriptions (e.g., on incest, 
      same-sex intercourse, adultery, prostitution, fornication). 
      Jesus too put the issue of sex on an entirely different plane from 
      particular interpretations of what it meant to rest on the Sabbath. Jesus 
      intensified God’s ethical demand in the area of human sexuality even as he 
      aggressively reached out to lost sexual sinners. To see this one need only 
      compare Jesus’ handling of Sabbath law with his views on adultery of the 
      heart and on divorce and remarriage: the wrong that one does in the sexual 
      sphere of life, if not repented of, can get one’s “whole body” thrown into 
      hell (Matt 5:27-32). 
                The closer a position gets to 
      being a core value in Scripture the greater the burden of proof becomes 
      for those who seek to modify it substantially or overturn it. The evidence 
      adduced must be so strong and unambiguous that it makes the strong and 
      unambiguous witness of Scripture pale by comparison. Otherwise Scripture 
      ceases to have any meaningful authority in the life of the church. How 
      does one determine proximity to a core value? Four related elements stand 
      out. 
      
      (1)   The more
      pervasively and consistently a particular position is upheld across 
      the landscape of the canon—at least implicitly and especially across the 
      two Testaments—the greater the claim is to being a core value and the 
      higher the burden of proof becomes.
      
      (2)   The more
      strongly biblical authors hold to a particular position—that is, 
      the more serious a moral issue it was to them, as measured by the 
      intensity of the language employed to describe violators and the stakes or 
      penalties assigned—the greater the claim is to being a core value and the 
      higher the burden of proof becomes. 
      
      (3)   The more
      absolutely biblical authors maintained a particular view—that is, 
      the more unlikely it was that they would have permitted any exceptions—the 
      greater the claim is to being a core value and the higher the burden of 
      proof becomes. 
      
      (4)   The more 
      the authors of Scripture maintain a position in opposition to broader 
      cultural trends—and thus the greater likelihood that they were not 
      uncritically imbibing from the conventional cultural well—the greater the 
      claim is to being a core value and the higher the burden of proof becomes.
      
                When these four elements all 
      exist for a given position, the bar for deviating from this position in 
      contemporary practice has to be set extraordinarily high. As it happens, 
      all four elements are in place for the biblical proscription of homosexual 
      practice. This constellation justifies the application of the label 
      core value or foundational value, certainly within the sphere of 
      sexual ethics, to the principle that complementary sexual others, male and 
      female, are an essential prerequisite for legitimate sexual relationships. 
      To be sure, it is not the sole and sufficient prerequisite—other 
      prerequisites are needed too (e.g., that the relationship be between 
      humans and non-incestuous, with a commitment to a lifelong and monogamous 
      union—in that order); but it is a necessary one, an essential starting 
      point for all other sex rules. As regards consensual sexual relationships, 
      probably only the intra-human (non-bestial) aspect was regarded as more 
      significant by biblical authors. Sex between a man and his mother would be 
      a comparable offense, slightly or slightly less offensive depending on the 
      author. 
      To allow for exceptions to the prohibition of homosexual unions is, 
      obviously, to assert that some considerations are more important than 
      male-female complementarity; for example, the intensity of one’s yearning 
      for a mate, one’s peculiar “orientation,” the level of commitment, the 
      monogamous quality, and/or the longevity of the relationship. However, 
      that is to get matters backwards from a biblical perspective. 
      
                  B. On the incest analogy and structural complementarity
                The example of incest will help 
      to make the point about the centrality of what I call “structural 
      complementarity.” Most would argue that a lifelong commitment is less 
      important to a sexual union than the principle that sex be between people 
      who are not, apart from a sexual union, already “the flesh of one’s flesh” 
      (Lev 18:6). An incestuous union characterized by a lifelong and monogamous 
      commitment is not measurably improved. In fact, the goal is to end an 
      incestuous union, not to prolong it—no matter how caring and committed the 
      union is. So too with a homosexual union. The Bible’s prohibition of 
      incest, and particularly sex with one’s mother, is by far the best 
      analogue to the Bible’s prohibition of same-sex intercourse. Both acts 
      are: 
      
      (1)   Regarded 
      with similar revulsion; 
      
      (2)   Capable 
      of being conducted as an adult, consensual, long-term, and monogamous 
      relationship;
      
      (3)   Wrong 
      partly because they involve two people who are too much alike (incest on 
      the level of blood relations, homosexual behavior on the level of sex or 
      gender); 
      
      (4)   Wrong 
      partly because they are associated with a disproportionately high 
      incidence of negative side effects.
      There is an 
      important interrelationship between points (3) and (4) on the matter of 
      why the behavior is wrong. The argument from negative side effects (4) 
      is easier to document in scientifically measurable ways than the argument 
      from structural incompatibility (3). Yet, while these negative side 
      effects occur at a disproportionately high rate, they do not affect all 
      participants in all circumstances. They are, again, side effects. 
      Not surprisingly, pro-homosex advocates counter that some homosexual 
      unions do appear to be healthy, monogamous, and lifelong. Of course, a 
      counter-counterargument would be: Yes, but if society approves the rule 
      for the sake of the exception, it will invariably do more harm than good 
      for the greatest number. However, there is a deeper problem with 
      incestuous and homoerotic unions. The argument from too much structural 
      sameness (3), while more intuitive and less verifiable than the argument 
      from negative side effects (4), discloses the real problem with these two 
      behaviors. For a man to have sex with his mother, for example, is a 
      grotesque wrong no matter how ‘well’ it is done. It is structurally wrong 
      and, as such, all other factors, including issues of loving intent and 
      commitment, are secondary. 
      Powell’s 
      article does not fully grapple with the issue of gross structural 
      incongruity for homoerotic unions. For example, early in his article 
      Powell affirms that “the gift of sexuality” is, in the Bible’s 
      perspective, about “at least” three things: (1) procreation (normally); 
      (2) fostering a durable bond of intimacy; and (3) pleasure (p. 21). Now, 
      if that were all sex was about, perhaps a case for some forms of same-sex 
      intercourse might be possible, though only with the qualification 
      “normally” for procreation. 
      Then, too, under these parameters, one could also make a case for some 
      forms of adult incest, bestiality, pederasty, and various plural marriage 
      arrangements. It is true that Powell says “at least” three things so he is 
      not precluding additional elements. Nevertheless, given the number of 
      prohibited sexual behaviors that are not excluded by Powell’s “biblical 
      overview of sexuality,” it would seem that Powell has an obligation to 
      formulate an additional descriptive element or two that could plug this 
      gaping hole. In fact, it is precisely this additional factor that 
      precludes any case for exceptions to the Bible’s prohibition of same-sex 
      intercourse. 
      A sexual 
      relationship is about much more than intimacy in the context of lifelong 
      commitment. 
      It is about merging (interlocking, fusing) with another who is 
      structurally complementary (congruous, compatible), “becoming one flesh” 
      through a sexual relationship, and learning to integrate holistically with 
      another who is neither too much like oneself, nor too much unlike on a 
      structural level. Intimacy with one’s parent, child, circle of close 
      fellow believers, or even beloved pet is a wonderful thing. Adding sex to 
      the mix, however, changes completely the dynamics of the relationship. 
      Intimacy turns into a desire to merge sexually. Explaining why introducing 
      sex into such intimate relationships is wrong is not easy to do; it 
      requires a certain intuitive and instinctive sense. We are arriving here 
      at a “prime number” of human sexuality, a reality not easily “divisible” 
      into logical, measurable, or scientific analysis.
      Powell does 
      cite the incest analogy to show that the capacity of some same-sex unions 
      for love and commitment “is not sufficient” for meeting a “heavy burden of 
      proof” for exceptions to the biblical norm. Yet he then goes on to say 
      that the relevance of the incest analogy is limited significantly by the 
      fact that 
      
      people involved in incestuous 
      relationships do not usually maintain that they are so incest-oriented 
      that a meaningful nonincestuous sexual relationship would be impossible 
      for them. The pressing point for the Church with regard to homosexuality 
      occurs over this issue. (p. 35)
      The flaw in 
      this observation, however, is that “sexual orientation” does not take 
      precedence over the issue of too much structural sameness. Even apart from 
      the fact that homosexual acts are often—perhaps most often—conducted by 
      people who are not “exclusive” homosexuals (category 6 in Kinsey’s terms), 
      would Powell or anyone else want to sanction a man-mother union even if 
      there were an “orientation” involved? Obviously not. It’s just too weird.
      
      If issues of 
      commitment, monogamy, and longevity take a back seat to the core value of 
      non-incestuous unions, then the question of whether “yearning for a 
      life-partner” can be satisfied through some other means is quite beside 
      the point. For there are no guarantees that an individual engaged in 
      incest will find another life-partner. Regardless of the person’s 
      prospects for some other relationship, incest is too grave an offense to 
      be warranted under any circumstances. It transcends all matters pertaining 
      to life-partners. This is even more true of same-sex intercourse. Whether 
      or not the individual develops an attraction later in life for members of 
      the opposite sex—something that no one can predict in advance—is a 
      secondary concern in relation to the self-idolatry of attraction to one’s 
      own sex.
      
      
      C. On the burden of proof
      This leads us 
      to another flaw in Powell’s approach. Any overturning or even significant 
      modification of a biblical value must directly address the reasons for the 
      Bible’s position. For example, it is not enough to prove that the sole 
      expression of homosexuality in antiquity was an inherently exploitative 
      form (pederasty or cult prostitution) or that the knowledge of an 
      entrenched, innate, and exclusive homosexual orientation was inaccessible 
      to the ancient mind—two claims that, at any rate, are false. One must also 
      prove that the Bible condemned homosexual practice primarily on the 
      grounds of the exploitative mismatch created by pederasty or on the 
      grounds that all participants were capable of experiencing sexual 
      satisfaction with the opposite-sex. Otherwise, even if these claims were 
      valid (and they are not), they would still have little relevance for 
      ascertaining the deficiencies in the Bible’s reasons for condemning 
      homosexual behavior. 
      As noted early, 
      Powell contends that anyone who wants to argue for exceptions to “what 
      appears to be a unanimous judgment of scripture” has to meet a “heavy 
      burden of proof” (pp. 28, 35). Unfortunately, Powell then proceeds at 
      points to argue as if such were not the case. He believes that “we cannot 
      know for certain what Paul would have prescribed for the redeemed 
      Christian who continues to have homosexual impulses [and] 
      to engage in homosexual activity that is neither promiscuous nor 
      exploitative”; nor can “speculation” over what Paul “might have thought” 
      be “determinative for the Church’s deliberations” (p. 31). Wait a minute: 
      When does “a heavy burden of proof on anyone who wishes to argue for 
      exceptions” kick in, if not here? Doesn’t Powell’s burden-of-proof 
      criterion require him to assume that Paul would not have made any 
      exceptions for “the redeemed Christian who continues to have homosexual 
      impulses [and] to engage in [nonexploitative] homosexual activity”—unless 
      powerful and unambiguous historical evidence to the contrary can be 
      adduced? To meet the “heavy burden of proof,” Powell would have to 
      demonstrate, among other things, that: 
      
      (1)   Paul 
      almost certainly could not have been aware of theories in the ancient 
      world regarding a congenital basis for at least some forms of homoerotic 
      attraction.
      
      (2)   Paul did 
      not think sin could be associated with entrenched and exclusive innate 
      desires.
      
      (3)   Paul’s 
      primary reason for viewing same-sex intercourse as an egregious wrong had 
      to do with an assumption about homoerotic desire as voluntary and 
      nonexclusive, and homosexual relationships as inevitably exploitative, 
      rather than with any notion about structural incongruity.  
      As it is, 
      Powell never establishes a single one of these points. Indeed, the 
      historical and literary contexts for Paul’s remarks about homosexual 
      behavior do not permit any of these points to be established. Therefore, 
      his position on exceptions, expressed at the end of the article, does not 
      meet the “heavy burden of proof” that he himself sets up for all who 
      contend for exceptions.
       
       
      A note to readers: The rest of this 
      article, sections IV-VII can be read in: Christian Sexuality: 
      Papers from the American Lutheran 
      Publicity Bureau Conference (ed. Russell Saltzman; 
      Minneapolis: Kirk House), 100-50 (scheduled for publication in Dec. 2003). 
      The following is a table of contents for the print version:
       
       
      
      Introduction……………………………………………………………………………100
                  Why this 
      essay?………………………………………………………100
                  Do readers of this article 
      have to be Lutheran 
      
      or be familiar with Powell’s work?…………………………            ..102
      
       
      I. Does Powell Advocate Exceptions? 
      (Summary)……………………………………..103
      II. What the Church Would Be Doing in 
      Granting Exceptions (Summary)……………104
      III. Interpretive Issues: Core Values, 
      Structural Complementarity, and 
                  the Burden of Proof 
      (Summary)………………………………………………..105
       
      IV. The Male-Female Prerequisite in the 
      Genesis Creation Stories……………………106
                  A. Powell’s reading of 
      Genesis 2:18-24………………………………106
                  B. The male-female 
      prerequisite in Genesis 1:26-28…………………106
                  C. The male-female 
      prerequisite in Genesis 2:18-24…………………108
                  D. “Men are from Mars, Women 
      are from Venus”…………………...109
                  E. The Genesis prerequisite 
      in canonical context……………………..111
                  F. Implications for Powell’s 
      view……………………………………..115
                              1. A 
      prerequisite, not just the “normal state of affairs”…..115
                              2. A sexual 
      complement, 
      
      not just an “intimate life-partner”………………...118
                              3. A conditional 
      opportunity for sexual intimacy, 
      
      not an opportunity by right……………………….119
      
       
      V. The Rest of the Case for Regarding 
      Same-Sex Intercourse as Intrinsically Sinful…122
                  A. The Levitical 
      prohibitions…………………………………………122
                  B. The intertextual echo to 
      Genesis 1:26-27 in Romans 1:23-27…….124
                  C. The reference to nature 
      in Romans 1:26-27……………………….125
                  D. The evidence from 1 
      Corinthians 6:9……………………………...126
                  E. No great mystery: What 
      Paul would have prescribed for the
                              homosexual 
      Christian in a committed homosexual union……129
       
      VI. Why the Sexual Orientation Argument 
      Doesn’t Work…………………………….136
                  A. Ancient theories of a 
      biological basis 
      for some 
      homoerotic attraction……………………………….137
                  B. The wording of Romans 
      1:24-27………………………………….142
                  C. Why a “homosexual 
      orientation” would not have mattered………143
       
      VII. Concluding 
      Observations…………………………………………………………148
       
                  
       
       
       
       
       
       
       
       
       
       
       
       
      @ 2003 Robert A. J. Gagnon
      
        
 
        
        
          
        
          
        
          
        
          
        
          
        
          
        
          
        
          
        
          
        
          
        
          
          
          
          
          
          
        
          
        
          
        
          
          
           I do 
          not see this “crowbar” metaphor as a caricature of Powell’s argument. 
          In context Powell is not just using Gen 2:18 as a text for raising 
          questions about exceptions. He is using it to declare that 
          exceptions must be made. He does not say on p. 36 (or on p. 38) merely 
          that Gen 2:18 moves us to wonder about homosexual persons who 
          cannot obtain “life-partners” from a heterosexual pairing. Nor does he 
          say here just that having a cavalier attitude about the 
          difficulties of “requiring” a celibate life from homosexuals flies in 
          the face of Scripture. He says here that, while the church may 
          retain an exception-less policy on incest, to insist on an 
          exception-less policy as regards homosexual unions is to stand in 
          brazen defiance of the teachings of Scripture, particularly of the 
          declaration in Gen 2:18. It is true that elsewhere in his article 
          Powell also brings into the discussion issues of fixed sexual 
          orientation, intense yearning for an intimate life partner, and 
          commitment. Yet, in Powell’s paper, the main contact point between 
          these issues and Scripture is Gen 2:18.
 
        
          
        
          
        
          
          
           My 
          e-mail correspondence with Powell indicates that, for the moment at 
          least, he does not regard exclusive orientation and a commitment to a 
          lifelong and monogamous relationship as sufficient grounds for 
          exceptional status, although he is open to changing that position in 
          future ELCA discussion. Yet he remains uncomfortable, scripturally and 
          pastorally, with insisting on lifelong celibacy for homosexuals for 
          whom therapy does not appear to work. He thinks that the church must 
          be open to allowing exceptions, though he does not know what those 
          exceptions might be. I do not see any other consistent criteria for 
          exceptions possible than the three suggested in his article. If these 
          criteria, taken in combination, would not suffice, what would? 
          
          
          At one point the tentative suggestion 
          was made that the most obvious candidates for exceptional status would 
          be homosexual persons who not only met these three criteria but who 
          also did not express intimacy through sex acts that the Bible 
          expressly prohibits: penetration or orgasm. The image of two elderly 
          lesbians who just like to cuddle came to mind. From a biblical 
          standpoint, I do not see how this could qualify as an exception, for 
          three reasons: 
          
          (1) This additional criterion for 
          exceptional status has a legalistic air to it. It assumes that the 
          Bible’s prohibition is limited to physical stimulation of the 
          genitalia—an assumption that does not correlate well with Jesus’ 
          sexual ethic. Jesus added an interior component to the prohibition of 
          adultery with his statement about adultery of the heart. Does the 
          prohibition of homosexual behavior get an exemption from an interior 
          component (active homosexual desire), to say nothing of overt erotic 
          kissing and fondling? To be consistent, one would have to maintain 
          that the biblical prohibition of adultery does not preclude a married 
          person from erotically kissing and fondling persons other than one’s 
          spouse. The same logic would also have to be applied to the biblical 
          prohibitions of incest, prostitution, and bestiality. Clearly such 
          actions would violate the spirit, and probably the letter, of the 
          prohibitions. 
          
          (2) Practically speaking, the whole 
          idea is unworkable. What homosexual persons, after receiving the 
          church’s blessing to engage in some erotic activity, would then seek 
          to stave off orgasm for the duration of the “intimate partnership”? 
          And how would the church have any idea whether two people, erotically 
          attracted to one another and sharing the same accommodations, had 
          stopped short of orgasmic activity? Wouldn’t the church be culpable 
          for setting up a circumstance that made resistance to temptation nigh 
          impossible? 
          
          (3) There seems to be going on in this 
          example a muddling of the distinction between eroticism and the 
          affection of friendship. It is important to underscore that the 
          current church policy no more seeks to bar affection between two 
          people of the same sex than it seeks to bar affection between close 
          blood relations. It is only when that same-sex affection becomes 
          erotic that it becomes problematic from a scriptural standpoint. 
          Someone might ask: How do you know when that affection turns erotic? 
          My answer: Any person who cannot tell the difference between erotic 
          affection and non-erotic affection in dealings with a child is a 
          candidate for criminal prosecution. People know what the difference 
          is. Two people of the same sex can be as close as David and Jonathan 
          were in their non-erotic friendship (cf. B&HP 146-54). So long 
          as an erotic dimension is not introduced, the church rejoices. 
          In the end, if Powell continues to 
          believe that exceptions must be made, I do not see any 
          alternative but for him to embrace the three combined criteria that he 
          appears to lay out in his article. 
        
 
        
          
        
          
        
          
          
          
          
        
          
        
          
        
          
        
          
          
           In 
          context, what does “what Paul would/might have prescribed/thought” (p. 
          31) refer to? Does the context of Powell’s written remarks suggest 
          uncertainty only over what specific expression of 
          disapproval Paul might have chosen (as Powell has maintained to me 
          in our correspondence)? Or is the uncertainty broader than that, 
          extending to whether Paul would have disapproved at all? In my 
          view, the wording of the paragraph dictates the latter: The church 
          cannot know whether Paul would have approved or disapproved of a 
          nonexploitative homosexual union between two persons of relatively 
          fixed homosexual orientation. 
          
          The broader context (which begins on 
          p. 29) starts with two operating assumptions: heterosexual marriage is 
          “the normal state of affairs” and the idea of an exclusive “homosexual 
          orientation” was unknown to the authors of Scripture. Powell then asks 
          what persons with a homosexual orientation are to do “if they are 
          unable to find sexual fulfillment in heterosexual marriage but are 
          also prohibited from forming intimate relationships with same-sex 
          partners?” (p. 29). He proceeds to discuss the pros and cons of 
          “celibacy requirements” for a page-and-a-half.
          
          Finally Powell inquires into “what 
          Paul would have counseled a homosexual believer.” He quickly (and 
          wrongly) discounts celibacy and suggests (as an alternative, though it 
          is in fact a supplement) that Paul “would have hoped” that the Spirit 
          would “remove” homosexual desires and “replace” them with heterosexual 
          ones. Then Powell asks: “But if that did not happen, then what?” I now 
          quote the remainder of the paragraph, separating the sentences and 
          labeling them with letters for easy structural reference. Again, the 
          two operating premises of Powell’s discussion are: (1) heterosexual 
          marriage is “the normal [but not necessarily sinful] 
          state of affairs”; and (2) the concept of a relatively fixed and 
          exclusive homosexual orientation was unknown to the Bible’s authors.
          
           
          
          (a) Some theologians argue that 
          Paul would not want his remarks about the disgraceful sexual antics of 
          godless Romans to be used to force some Christians into a life where 
          the familial blessings that God willed for all creation (Gen. 2:18) 
          become unavailable to them. 
          
           
          
          (b) Others insist that Paul 
          would never have “caved-in” on this matter; he would have favored 
          excommunicating Christians who engage in homosexual activities just as 
          he did believers who were involved in incestuous relationships (1 Cor. 
          5:1-5). 
          
           
          
          (c) But all of this is speculation: 
          we cannot know for certain what Paul would have prescribed for the 
          redeemed Christian who continues to have homosexual impulses or to 
          engage in homosexual activity that is neither promiscuous nor 
          exploitative. In any case, no projection of what Paul “might have 
          thought” about this situation can be determinative for the Church’s 
          deliberations. Canonical authority extends only to what is actually 
          written in documents that the Church confesses to be Scripture, not to 
          what thoughts the authors of those documents might have entertained 
          but did not record. (p. 31; my emphasis)
          
          
          
          
          
          
          
          
          
           
        
          
        
          
        
          
          
          
          
          
        
          
        
          
          
           
          Powell interchanges the terms “normal” and “normative” in his 
          characterization of the creation paradigm of male-female relations.” 
          For example (all emphases mine): The Bible depicts an “intimate (normally 
          heterosexual) bond that God willed” (p. 37). “The Bible indicates that 
          God’s intention at creation was for heterosexual relationships to 
          constitute the ‘normal state of affairs’ in human society” (p. 
          29). According to the creation story, “male-female intercourse is the
          normative expression of sexuality intended by God” (p. 24). Why 
          use the word normal at all? Powell’s explanation for this is 
          only partially satisfactory. He is wary of 
          normative, apparently because it suggests to some an 
          exception-less quality (p. 21). Still, I think that it would have 
          been less misleading to readers if Powell had limited himself to the 
          word normative, since something that is normative can 
          still have exceptions (as Powell himself says). The terms “normally” 
          and “normal state of affairs” do not connote the prescriptive aspect 
          of something that is “demonstrative of the original intent of God.” 
          Moreover, why stay with the weak expression “normal state of affairs” 
          even after concluding from his exegesis of Lev 18:22 and 20:13, Rom 
          1:24-27, and 1 Cor 6:9 that the Bible gives an “overwhelmingly 
          negative portrayal of homosexual activity” (p. 28)? 
        
 
        
          
        
          
        
          
        
          
        
          
          
           This 
          is not to deny the fact that actual cases of victimization do occur; 
          nor is it a matter of being unsympathetic. Rather, it is to say that 
          such instances are often exaggerated in magnitude and number and 
          always used politically by homosexual activists to advance an agenda 
          well beyond the problem at hand. The end result is at once a loss of 
          societal freedoms (speech, press, association) and sexual restraint. 
          And for what? There are already laws on the books to cover genuine 
          cases of violence and harassment. Furthermore, societal approval of 
          homosexual behavior will lead to a greater level of 
          victimization, insofar as it promotes behavior that leads to a 
          disproportionately high rate of sexually transmitted disease, domestic 
          violence, sadomasochism, and even “pick-up murders.” And critics of 
          homosexual behavior, especially those who have participated in 
          political efforts to roll back a coercive homosexual agenda or who 
          have testified to transformation out of a homosexual lifestyle, have 
          become the targets of death threats, drive-by shooting into their 
          homes, arson, and other forms of harassment. The situation is only 
          going to get worse. On Nov. 19, 2002, Mary Stachowicz, a 51-year-old 
          wife, mother of four, and devout Catholic, was murdered by a 
          19-year-old homosexual man when she asked him, “Why do you [have sex 
          with] boys instead of girls?” In a fit of rage, Nicholas Gutierrez 
          punched, kicked, stabbed, and strangled Mrs. Stachowicz; then stuffed 
          her body into a crawl space under the floor of his apartment, where it 
          remained for two days until he confessed to police. Not surprisingly, 
          the news outlets gave this story very little attention—the same course 
          of action that they followed in 1999 when 13-year-old Jesse Durkhising 
          was sodomized and killed by a sadomasochistic homosexual couple.
          
          
          An even greater threat to the safety 
          of those who regard homosexual behavior as sin is the co-opting of 
          federal and state government authority and resources to mandate 
          affirmation of homosexual behavior and to criminalize opposition to 
          it. In the corporate world, too, workers have been fired for 
          expressing their disagreement with a pro-homosex agenda. It takes only 
          one or two Orwellian cases from “Fortune 500” companies to 
          spread fear to the workplace nationally. In 1998 Annie Coffey-Montes, 
          a New York Bell Atlantic employee for 20 years, was fired for 
          attempting to remove herself from the e-mail list of GLOBE (Gay and 
          Lesbians of Bell Atlantic), which advertised “gay pride” parades, 
          “coming out” parties, and homosexual dances. After a year of 
          petitioning to her supervisor to have her name removed, she responded 
          to one GLOBE e-mail with: “Please 
          take me off this email. I find it morally offensive. God bless you.” 
          She ended by citing Romans 1:27. Coffey-Montes was then fired for 
          “creating a hostile work environment.” She appealed to the New York 
          State Department of Health. The Department of Health dropped the case 
          against New York Bell even though New York Bell failed to show for all 
          three hearings. The decision to drop the case was not all that 
          surprising, considering that Coffey-Montes’ caseworker had pro-homosex 
          posters on her office wall. In October 2002, Rolf Szabo, a 23-year 
          employee of The Eastman Kodak Co., was fired when he responded to an 
          e-mail requiring supervisors to promote a “Coming Out Day” for gay, 
          lesbian, bisexual, and transgender employees with the following: “Please 
          do not send this type of information to me anymore, as I find it 
          disgusting and offensive. Thank you.” So we have reached a point where 
          even to refer to pro-homosex e-mail bombardments in the workplace as 
          offensive is to risk termination. Indeed, employees are now being 
          forced to affirm homosexual behavior. Wanting to be left alone to do 
          one’s job is not good enough.