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José Cabezón has an interesting article on Buddhism and sexuality in the latest (summer 2009) issue of Buddhadharma: The Practitioner’s Quarterly. The article examines the tricky concept of “sexual misconduct” (kamesu micchācāra in Pali); one of the basic Five Precepts is a vow to refrain from “sexual misconduct.” But what exactly counts as misconduct? A fellow student asked me this when I took a Goenka vipassanā course. Goenka, in keeping with his general emphasis on non-harming, himself listed only rape and adultery as examples. But premodern Buddhists have typically gone further than this.

Cabezón probes the point that the present Dalai Lama, while defending the “full human rights” of gay people, nevertheless treats male homosexual sex (and oral and anal sex more generally) as a form of sexual misconduct. Understandably, the Dalai Lama’s claim startles and worries many Western Buddhist practitioners (surely not least Cabezón himself, whom I believe is himself an out gay man). Cabezón rightly, I think, tells readers that it’s not enough to dismiss such teachings as “un-Buddhist”; they have been found in Buddhist tradition for a long time. The Dalai Lama himself derives them from Tsong kha pa, one of the most respected thinkers in Tibetan tradition; Cabezón notes that one can find them in other Tibetan thinkers like Gam po pa. Cabezón argues – correctly, to my mind – that if one is to “take refuge in the Dhamma,” acknowledge oneself as a part of the tradition, then one must attempt to deal with the whole tradition, warts and all, not merely picking and choosing what one likes oneself. It’s entirely fair to try and modify the tradition (an action that Cabezón himself is trying to do, and that I have previously defended here as well), but one should do it with open eyes. Cabezón argues in particular (again rightly, in my view) that one needs to pay attention to the context in which such words were written – specifically, to ask why their writers wrote them.

Ascertaining a writer’s reason, of course, is typically far from an easy task; and it’s at this point that I think Cabezón goes awry. In asking why monastic writers forbade certain lay sexual practices, he claims that as monks, they would “read lay sexual ethics through the lens of monastic discipline, reading monastic norms (like where penises can and cannot be inserted) into lay behavioral codes…. The result was to make lay sexuality increasingly more restrictive and monastic-like.” (p. 68)

But this, I think, is an inadequate explanation, if we look at what’s actually in those monastic codes. It’s not just that the vinaya codes forbade heterosexual sex along with these other forms. Rather, Janet Gyatso has noted in her chapter on sex – rightly, I think – that at least in the early Pali vinaya, heterosexual vaginal sex is the paradigm of monastic sexual misconduct, “woman as fertile mate (with her particular kind of sexual organ) is the paradigmatic and most proscribed kind of partner…” (p. 281) For a male monk, on this line of reasoning, sex with a woman is a significantly worse crime than sex with a man. The reason, likely, is that heterosexual vaginal sex can produce children, which endanger the monk’s lifestyle and the monastic institution. The more other sexual acts resemble that one, the worse they are, because the more they symbolize the act which constitutes a rejection of the monkhood. (There’s more to Gyatso’s argument than this, but this is the part that’s most relevant to this discussion.)

If all this is so, then if Tsong kha pa or his Indian predecessors were imitating monastic codes as Cabezón claims, then they should have treated heterosexual sex as worse than homosexual sex. But they didn’t. As Cabezón notes, they allow heterosexual men five orgasms a night. Why is this?

I don’t know the answer to that question. I blog about it because I’m philosophically intrigued as to what the reasons could be. The most common philosophical objections to gay sex tend to be phrased in terms of natural law, à la Aquinas: nature (usually representing God) has designed us for heterosexuality, so we should not go against that plan. But I can’t imagine a Buddhist saying that – at least, not a South Asian Buddhist. Nature’s laws are what mire us in suffering; they’re what we’re trying to get away from. Natural law can’t be what’s going on here. So what is it?