ELCA Council Finds Synod Resolution Conflicts With Church Rules

CHICAGO (ELCA) -- The Church Council of the Evangelical
Lutheran Church in America (ELCA) decided a resolution the ELCA
Metropolitan New York Synod adopted in a special assembly Oct.
29, 2005, "contains inherently conflicting statements that may be
read as being in conflict with the constitution and bylaws of
this church." The synod resolution addressed "the exercise of
discipline" regarding lay professional and ordained ministers
living in committed same-sex relationships.
The Church Council is the ELCA's board of directors and
serves as the legislative authority of the church between
churchwide assemblies. The council met here April 1-2.
Assemblies are held every other year; the next is here Aug. 6-12,
2007.
The ELCA's 2005 Churchwide Assembly considered three
recommendations regarding homosexuality and the church. It
adopted the first two recommendations -- urging the ELCA to "find
ways to live together faithfully in the midst of its
disagreements" and making no policy on the blessing of same-sex
relationships.
The assembly rejected the third recommendation that would
have allowed the church, under special circumstances, to ordain,
consecrate and commission candidates for ministry who are in
lifelong, committed same-sex relationships. Current ELCA policy
expects ministers to refrain from sexual relations outside
marriage, which it defines as "a lifelong covenant of
faithfulness between a man and a woman."
The ELCA Metropolitan New York Synod mandated the special
assembly by action of its spring 2005 assembly in the event that
the three recommendations were not adopted by the ELCA Churchwide
Assembly.
The synod assembly adopted four points of guidance
concerning discipline involving a minister "in a loving,
committed, same-gender relationship:"
+ the overriding consideration must be the mission and
pastoral needs of the congregation and the synod
+ charges must describe how discipline would best serve the
mission and pastoral needs of the congregation and the synod
+ a discipline committee must consider and determine "as a
fact" whether discipline would best serve the mission and
pastoral needs of the congregation and the synod
+ discipline should not be imposed unless it best serves the
mission and pastoral needs of the congregation and the synod
The synod's resolution asked the Church Council to clarify
"whether this resolution is in concurrence with the governing
documents of the ELCA."
The Church Council received the synod's resolution in
November 2005 and referred it to the Office of the Secretary for
consultation with the Office of the Presiding Bishop, ELCA
Vocation and Education and the Conference of Bishops. That
consultation produced an "analysis of the resolution, background
information on the issues, and other documentation" on which the
council based its response to the synod.
The council commended the ELCA Metropolitan New York Synod's
expressed desire "to concentrate on finding ways to live together
faithfully in the midst of disagreements" and affirmed the
synod's stated commitment "to engage with this whole church in
ongoing communal discernment on difficult issues within the
community of the faithful."
The council acknowledged the synod's recognition "that
synods do not have the authority to adopt their own policies and
guidelines for discipline, nor do synod assemblies or synod
councils have the authority to preempt decisions of any duly
constituted discipline hearing committee."
The council decided "that the resolution contains inherently
conflicting statements that may be read as being in conflict with
the constitution and bylaws of this church and the applicable
policies." It thanked the ELCA Metropolitan New York Synod for
seeking the council's guidance and attached the consultation's
report and analysis to the response.
The council concluded its response by urging continued
dialogue within the ELCA on matters of mission and ministry.
The Rev. Kenneth M. Ruppar, Lutheran Church of Our Saviour,
Richmond, Va., chairs the council's legal and constitutional
review committee, which proposed the council's response.
As an example of "inherently conflicting statements," he
told the ELCA News Service the synod's resolution suggested "that
you can only submit a charge to the bishop if you describe how it
would best serve the mission and pastoral needs of that specific
ministry. That's an additional requirement to the current
requirements to submit charges. So, in our reading of it, that
appears to add to the requirements, and it changes the basis for
filing charges."
"We were asked specific questions by the Metropolitan New
York Synod in terms of looking at their resolution and whether it
complies with guidelines and policies and the constitution of the
ELCA," Ruppar said. "At this point we're saying it doesn't."
"The response of the council resolution plus the exhibit
will go (to the synod), and it's available for any other
individuals or synods that would like to have it as well," Ruppar
said. "We have no doubt that additional resolutions of this type
will show up in upcoming assemblies," he said.
The Rev. Lowell G. Almen, ELCA secretary, spoke with staff
of the ELCA churchwide office April 4 regarding the action of the
Church Council. He said the council's response should be read
with the consultation's analysis.
"The original resolution was complicated, and, in a sense,
the response, I suppose one could say, is complicated because it
is so detailed," Almen said. "That was done out of respect for
the deliberations of the Metropolitan New York Synod, in an
effort to seek to provide adequate information both to that synod
and others on the issues addressed in the original resolution,"
he said.
The ELCA Metropolitan New York Synod includes approximately
80,000 Lutherans in more than 230 congregations in the New York
counties of Bronx, Dutchess, Kings, Nassau, New York, Orange,
Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and
Westchester.
-- -- --
The Church Council's complete response to the synod is on
pages 9-14 of the PDF file at
http://www.ELCA.org/secretary/governance/Actions20060404.pdf on
the ELCA Web site.

A report by the Rev. Stephen P. Bouman, bishop, ELCA
Metropolitan New York Synod, on actions of the synod's special
assembly is at
http://www.mnys.org/Headlines/special_meeting_report.html on the
synod's Web site.

For information contact:
John Brooks, Director (773) 380-2958 or news@elca.org
http://www.elca.org/news
ELCA News Blog: http://www.elca.org/news/blog