וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא׃
Do not lie with a male as one lies with a woman; it is an abhorrence.
טֶרֶם֮ יִשְׁכָּבוּ֒ וְאַנְשֵׁ֨י הָעִ֜יר אַנְשֵׁ֤י סְדֹם֙ נָסַ֣בּוּ עַל־הַבַּ֔יִת מִנַּ֖עַר וְעַד־זָקֵ֑ן כָּל־הָעָ֖ם מִקָּצֶֽה׃
They had not yet lain down, when the townspeople, the men of Sodom, young and old—all the people to the last man—gathered about the house.
In short, the men have come because Lot violated a social norm of Sodom and fed and sheltered poor travelers with nowhere to sleep (for a more detailed look at this, see my post "Confronting The Sin Of Sodom") The crowd was attempting to use sexual humiliation as a deterrent for the poor men to remain as well as deterring other residents of the city who might emulate Lot's behavior.
This incident takes place during the time of Abraham, hundreds of years before our verse in Leviticus. However, we see this same use of 'sex as a deterrent to outsiders' displayed by the residents of Gibeah in Judges 19—after the prohibitions in Leviticus 18 were given (which specifically refers to them in 18:27 as things done by the inhabitants of the land before the Israelites came).
הֵמָּה֮ מֵיטִיבִ֣ים אֶת־לִבָּם֒ וְהִנֵּה֩ אַנְשֵׁ֨י הָעִ֜יר אַנְשֵׁ֣י בְנֵֽי־בְלִיַּ֗עַל נָסַ֙בּוּ֙ אֶת־הַבַּ֔יִת מִֽתְדַּפְּקִ֖ים עַל־הַדָּ֑לֶת וַיֹּאמְר֗וּ אֶל־הָ֠אִישׁ בַּ֣עַל הַבַּ֤יִת הַזָּקֵן֙ לֵאמֹ֔ר הוֹצֵ֗א אֶת־הָאִ֛ישׁ אֲשֶׁר־בָּ֥א אֶל־בֵּיתְךָ֖ וְנֵדָעֶֽנּוּ׃
While they were enjoying themselves, the men of the town, a depraved lot, had gathered about the house and were pounding on the door. They called to the aged owner of the house, “Bring out the man who has come into your house, so that we can be intimate with him.”
וַיֵּצֵ֣א אֲלֵיהֶ֗ם הָאִישׁ֙ בַּ֣עַל הַבַּ֔יִת וַיֹּ֣אמֶר אֲלֵהֶ֔ם אַל־אַחַ֖י אַל־תָּרֵ֣עוּ נָ֑א אַ֠חֲרֵי אֲשֶׁר־בָּ֞א הָאִ֤ישׁ הַזֶּה֙ אַל־בֵּיתִ֔י אַֽל־תַּעֲשׂ֖וּ אֶת־הַנְּבָלָ֥ה הַזֹּֽאת׃
The owner of the house went out and said to them, “Please, my friends, do not commit such a wrong. Since this man has entered my house, do not perpetrate this outrage.
הִנֵּה֩ בִתִּ֨י הַבְּתוּלָ֜ה וּפִֽילַגְשֵׁ֗הוּ אוֹצִֽיאָה־נָּ֤א אוֹתָם֙ וְעַנּ֣וּ אוֹתָ֔ם וַעֲשׂ֣וּ לָהֶ֔ם הַטּ֖וֹב בְּעֵינֵיכֶ֑ם וְלָאִ֤ישׁ הַזֶּה֙ לֹ֣א תַעֲשׂ֔וּ דְּבַ֖ר הַנְּבָלָ֥ה הַזֹּֽאת׃
Look, here is my virgin daughter, and his concubine. Let me bring them out to you. Have your pleasure of them, do what you like with them; but don’t do that outrageous thing to this man.”
וְלֹֽא־אָב֤וּ הָאֲנָשִׁים֙ לִשְׁמֹ֣עַֽ ל֔וֹ וַיַּחֲזֵ֤ק הָאִישׁ֙ בְּפִ֣ילַגְשׁ֔וֹ וַיֹּצֵ֥א אֲלֵיהֶ֖ם הַח֑וּץ וַיֵּדְע֣וּ א֠וֹתָהּ וַיִּֽתְעַלְּלוּ־בָ֤הּ כָּל־הַלַּ֙יְלָה֙ עַד־הַבֹּ֔קֶר וַֽיְשַׁלְּח֖וּהָ בעלות [כַּעֲל֥וֹת] הַשָּֽׁחַר׃
But the men would not listen to him, so the man seized his concubine and pushed her out to them. They raped her and abused her all night long until morning; and they let her go when dawn broke.
אֲשֶׁ֨ר קָֽרְךָ֜ בַּדֶּ֗רֶךְ וַיְזַנֵּ֤ב בְּךָ֙ כָּל־הַנֶּחֱשָׁלִ֣ים אַֽחַרֶ֔יךָ וְאַתָּ֖ה עָיֵ֣ף וְיָגֵ֑עַ וְלֹ֥א יָרֵ֖א אֱלֹהִֽים׃
how, undeterred by fear of God, he surprised you on the march, when you were famished and weary, and cut down all the stragglers in your rear.
אשר קרך בדרך. דָּבָר אַחֵר — לְשׁוֹן קֶרִי וְטֻמְאָה שֶׁהָיָה מְטַמְּאָן בְּמִשְׁכַּב זְכוּר
Another explanation is: it is connected in meaning with the term קרי, nocturnal pollution and uncleanness, because he polluted them by pederasty.
וַיֹּאמְרוּ֩ שָׂרֵ֨י בְנֵֽי־עַמּ֜וֹן אֶל־חָנ֣וּן אֲדֹֽנֵיהֶ֗ם הַֽמְכַבֵּ֨ד דָּוִ֤ד אֶת־אָבִ֙יךָ֙ בְּעֵינֶ֔יךָ כִּֽי־שָׁלַ֥ח לְךָ֖ מְנַֽחֲמִ֑ים הֲ֠לוֹא בַּעֲב֞וּר חֲק֤וֹר אֶת־הָעִיר֙ וּלְרַגְּלָ֣הּ וּלְהָפְכָ֔הּ שָׁלַ֥ח דָּוִ֛ד אֶת־עֲבָדָ֖יו אֵלֶֽיךָ׃
the Ammonite officials said to their lord Hanun, “Do you think David is really honoring your father just because he sent you men with condolences? Why, David has sent his courtiers to you to explore and spy out the city, and to overthrow it.”
וַיִּקַּ֨ח חָנ֜וּן אֶת־עַבְדֵ֣י דָוִ֗ד וַיְגַלַּח֙ אֶת־חֲצִ֣י זְקָנָ֔ם וַיִּכְרֹ֧ת אֶת־מַדְוֵיהֶ֛ם בַּחֵ֖צִי עַ֣ד שְׁתֽוֹתֵיהֶ֑ם וַֽיְשַׁלְּחֵֽם׃
So Hanun seized David’s courtiers, clipped off one side of their beards and cut away half of their garments at the buttocks, and sent them off.
וַיַּגִּ֤דוּ לְדָוִד֙ וַיִּשְׁלַ֣ח לִקְרָאתָ֔ם כִּֽי־הָי֥וּ הָאֲנָשִׁ֖ים נִכְלָמִ֣ים מְאֹ֑ד וַיֹּ֤אמֶר הַמֶּ֙לֶךְ֙ שְׁב֣וּ בִֽירֵח֔וֹ עַד־יְצַמַּ֥ח זְקַנְכֶ֖ם וְשַׁבְתֶּֽם׃
When David was told of it, he dispatched men to meet them, for the men were greatly embarrassed. And the king gave orders: “Stop in Jericho until your beards grow back; then you can return.”
Applying This Understanding To Leviticus 20:13
If we adopt the above understanding of Leviticus 18:22, then we need to also address Leviticus 20:13.
Leviticus 20:13
Looking at this passage in the context of the surrounding verses, especially 10-16, there is no reason to believe it was written to anyone other than heterosexual men. The primary difference between 20:13 and 18:22 is that we see the death penalty imposed on both individuals in the former with no penalty being discussed in the latter. While today this might indicate that both parties had agency in the act, we can see from other places in Torah, as well as verses surrounding this one, that agency isn't a primary factor in who receives the death penalty for being part of an act that is in the category of 'abhorrent'—one done by those who lived in the land before Israel arrived.
First, let's look at the surrounding verses for context:
Verses 10-15 all begin with "if a man..." indicating that it is the man who is choosing to do this act. Nonetheless, even when he decides to engage in a forbidden act with an animal, both he and the animal are put to death. We can be certain the animal had no choice in the matter, yet because it was part of an 'abhorrent' activity it is put to death.
Verse 16 makes the same declaration for a woman lying with an animal. Both the woman and the animal, that had no choice in the matter, are to be put to death.
This pattern of punishing all who have been engaged in, or even possibly engaged in, 'abhorrent' sexual acts follows a pattern found in other places as well, including Numbers 31 where we see children and women killed regardless of their lack of ability to consent:
Numbers 31:17-18
The sexual acts that this passage, and others like it, judge worthy of death are not merely sexual impropriety, but rather, are those sexual acts that copy those done by the Canaanites who lived in the land before the Israelites. For sexual sins other than these, we see only consenting parties put to death.
With this pattern evident in Torah, and it appearing in a similar list of prohibitions related to forbidden acts done by the Canaanites, I can see no reason to believe that Leviticus 20:13 is referring to an act any different than that of Leviticus 18:22. The difference in detail may indicate that the two pieces were written separately but only later edited together. Or, this could simply be a case of repetition with more detail.
With gratitude to Rabbi Ethan Tucker, whose shiur, “Toward An Halakhic Model Of Diversity In Sexualities” inspired me to look at Leviticus 18:22 deeper and differently. Rabbi Tucker's shiur may be found on the Hadar.org website here
Photo from Wikimedia shared via the Creative Commons Attribution 2.0 Genericlicense.