In London, a secret agent apparently reported that torture was being used within Britain, prompting William Hague, the foreign affairs spokesman of the opposition Conservative Party, to speak out: “Torture or complicity in torture is unacceptable, immoral, and counterproductive.”

And last, the Iraqi reporter who threw his shoes at then-president George Bush, was finally released after being in jail for nine months. The reporter, al-Zeidi, claims to have been tortured during his stay in prison.

Proponents of waterboarding have argued that the information gathered from it makes it an acceptable thing. In fact, torture in general is arguably an effective tool for gathering information. Despite the arguments contrary, torture does actually produce useable results, especially when done carefully by experts who have advanced understanding of neuroscience.

Of course, we can’t just say “It’s effective, therefore acceptable.” In an extreme case, we might argue that burning down an entire village is an acceptable cost, since a terrorist is hiding inside and no one knows where he is. Of course, in any thing we must view the Bible and attempt to apply it, so let us do so with torture:

There are two times, in general, where torture is used: Before and after a trial. In the case of pre-trial, which is where almost all cases of torture occur, the Bible is quite clear on the issue: Physical torture of any kind is simply not allowed. In Deuteronomy 25, the law is being recited regarding what to do in cases of disputes. In verse 1-3 it says:

“If there is a dispute between men, and they come to court … then it shall be, if the wicked man deserves to be beaten, that the judge will cause him … to be beaten in his presence, according to his guilt, with a certain number of blows. Forty blows he may give him and no more… lest … your brother be humiliated in your sight.” Deuteronomy 25:1-3

From this passage we can understand three principles which should guide our view of torture:
1: Any beating (in this discussion, torture) is to be done after the judge finds the person guilty. In general, torture is carried out on people who are being held under suspicion, but who haven’t been convicted of crime. This is not allowed.
2: The beating must occur within the rpesence of the judge. Even if a person were to be condemned by the judge, the beating must be applied on location. Again, general torture is taken place in rooms far seperated from any judge who may have delivered judgement. This also is not allowed.
3: The guilty person can only be beaten according to his guilt, with a maximum set number of blows. The goal of the beatings is punishment, the restriction is that the criminal is not humiliated. This would preclude almost any general form of torture immediately, even if the person was found guilty.

An argument in response might say that this law applied only to Israelites, therefore it isn’t applicable to those outside one’s nation, however, Leviticus 19:34 says that “The stranger who dwells among you shall be to you as one born among you”, that is, the Jew and Gentile are to be treated the same. Even more direct is Leviticus 24:22 “You shall have the same law for the stranger and for the one from your own country.”

Additional arguments can obviously be made by either side, but I think the basic premise of the Law stands: A person cannot be beaten (tortured) unless duly convicted, and even then the beatings cannot be too excessive. This Law stands for citizens or non-citizens both. This alone will remove the legality of most uses of torture.

Of course, whether something is a moral sin and whether it is an act of criminality are two different points. The Bible says that if I lust in my heart after a woman it is the sin of adultery, yet it would be impossible to enforce a law regarding one’s thought life. The proposition that all moral laws are civil laws is an absurd one indeed!

The question proposed is this: Should homosexuality be illegal? If so, in what way? If not, should Christians be “doing something about it”?

Let me try to give context to the first verse I want to reference. The book of Leviticus is generally thought to be divided into a few sections, the first part being ceremonial laws concerning the sacrifices and purification rites. This section goes on until chapter 18, in which the laws concerning sacrifices end, and the general civil law begins. This next section of Leviticus deals with things requiring civil punishment, and speaks on issues ranging from general theft requiring restitution, through to where we are stopping. Here, couched between a list of other sexual sins including bestiality and incest, is the law concerning homosexuality:

“If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads.” Leviticus 20:13 (NIV)

In my previous post concerning whether homosexuality was a sin, I said that this verse should, at the least, remind us that homosexuality was not considered something small. Now, even further than a personal moral law, it seems clear that this law is clear when it states that homosexuality is a civil offense requiring the death penalty.

The objection made by Christians at this point is generally the argument that the law is no longer valid, that when Christ came we entered a new era, an era of “love”. However, if we are to take the Bible systematically, we cannot simply wish for some difficult part to be dissolved.

Unless you can show somewhere in the Bible where it says that the Old Testament law has completely passed away, that view (of a “new era”) is simply not Biblical. This would be much like a child arguing that, since father had not told him he could not play in the street today, means that yesterday’s command to not play in the street is nullified.

Now certainly, the death penalty for homosexuals seems a rather strict one, especially in an age where the sexually deviant are not only accepted but encouraged, but if we are to be honest Christians we must see what we can make out of this seemingly uncomfortable law.

First, how is such a law implemented? What restrictions are put on such a law? It would be a terrifying world, indeed, if one could get put to death by a person wildly accusing you of homosexuality! Can a person practicing homosexuality in the privacy of their home be convicted?

Thankfully, the book of Deuteronomy (the other book of law) does not leave us too much “in the lurch”, but goes on to put a major restriction on the death penalty:

“On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness. The hands of the witness must be the first in putting him to death, and then the hands of all the people.” Deuteronomy 17:6-7 (NIV) See also Deuteronomy 19:15

Here we find our first major restriction on any death penalty: There must be multiple witnesses. This point seems an obvious one in a country where a trial by jury and a slew of witnesses are generally required, however, this right has not always been recognized, and ancient Israel was quite the opposite of the surrounding countries which could kill you without reason or witnesses.

If this is not enough, later in Deuteronomy it speaks of the problem of false witnesses, that they are given the punishment which would have been (or already was) given to the person standing trial. Enacting this law alone would reduce lawsuits greatly, and would not allow “evidence” such as DNA and fingerprints to stand as a witness at a trial.

“If a malicious witness takes the stand to accuse a man of crime, the two men involved in the dispute must stand before the priests and the judges who are in office at the time. The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother.” Deuteronomy 19:16-19 (NIV)

The next point brought up, generally by the secular person although at times by the Christian, is that we will have people snooping around, spying in the windows. The claim comes down to an argument that “what stays in the private of home should be of no concern”, at least as far as the law goes. As a blanket statement concerning all events, this argument is false: If a murder occurs in someone’s home, it is certainly of concern!

It seems that this principle could be drawn out a bit more: Considering that the Bible requires the death penalty for homosexuality, it seems that it is something which, even if done in the privacy of one’s home, is something at least “of concern”. However, even though we are concerned with murder occurring in the privacy of a home, we don’t set up security cameras or go peering in the windows of our neighbor’s home at night. It seems that the same practice of respecting privacy should be applied in this area as well.

While this idea of respecting privacy is all fine, this section of Deuteronomy indicates that, even if an act is done in private, once it is found out it must be investigated:

If a man or woman living among you in one of the towns the Lord gives you is found doing evil in the eyes of the Lord your God in violation of his covenant, and contrary to my command has worshiped other gods, bowing down to them or to the sun or the moon or the stars of the sky, and this has been brought to your attention, then you must investigate it thoroughly. If it is true and it has been proved that this detestable thing has been done in Israel, take that man or woman who has done this evil deed to your city gate and stone that person to death.” Deuteronomy 17: 2-5 (NIV)

While this command refers especially to worshiping other gods, it’s first phrase “doing evil in the eyes of the Lord” seems to refer to any evil act deserving the death penalty. However, recall the first two rules required and apply them here: If you were bringing false witness, you would get the death penalty, and you would also need at least another witness.

In the dozen or more people who responded to the survey I sent out, the main part of which were conservative Christians, the major thought of the comments was that homosexuality should be illegal, at least in some general sense. I did not ask specifically whether homosexuality should be punishable by death, so we can let the comments speak on that.

Finally, even though many conservatives and many Christians feel that homosexuality should be made illegal, the question still must always come down to: On what basis do you argue this?

If the Bible is not the ultimate foundation for our law, than the only thing remaining is human thought. That human thought is the same which created legal systems which sent numberless Jews to concentration camps, which sent innocent Christians to be torn apart by lions for entertainment, and the same law which chops off the hands of thieves and only punishes the woman–refusing to punish the man–for cases of adultery.

Sola Scriptura