# LCMS Convention Workbook_St. Louis Missouri_2023_S314
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

314

THEOLOGY AND CHURCH RELATIONS

Ov. 5-45

To Reconsider Allowing “Brain Death” Criteria
for Determination of Death at End of Life
WHEREAS, In 1981, the Synod in convention adopted Resolution
8-05, encouraging organ donation at time of death as an act of
Christian love, but without binding consciences on the issue; and
WHEREAS, Scripture teaches that the time of death occurs when
a person stops breathing (Gen. 25:8, 35:29; Mark 15:37; Luke 23:46
and others), meaning when the heart and lungs stop; and
WHEREAS, Scripture is clear that God is the One who determines
time of death (Gen. 6:3; Job 1:21; Eccl. 3:2; James 4:13–15 and
others) and that when it pleases Him to call one out of this vale of
tears, even medical intervention will not prevent this (Matt. 6:27);
and
WHEREAS, With the advent of organ transplantation in the 1960s,
it became evident that vital organs removed while the heart is still
beating performed better in transplant than did those removed after
the heart had stopped, due to damage to the latter from lack of
oxygen (David Rodríguez-Arias, “The Dead Donor Rule as Policy
Indoctrination”, Hastings Center Report, 48, no. 54 [December
2018]: s40–s41. Onlinelibrary.wiley.com/doi/10.1002/hast.952);
and
WHEREAS, To avoid the charge of murder on the part of the
transplant team, the concept of “brain death” was developed,
namely, individuals being in a coma without apparent central
nervous system activity and deemed unlikely to survive, being
considered dead, even with a still-beating heart (ibid.); and
WHEREAS, The 1981 Uniform Declaration of Death Act, enacted
in 39 American states and jurisdictions, includes “brain death” as a
criterion for determination of death, and others rely on, “accepted
medical standards,” which essentially do the same; furthermore,
legislation in the Canadian province of Manitoba defines death
according to “brain death” criteria and in the rest of Canada the
determination is left to physicians who essentially do the same; and
WHEREAS, Individuals meeting the criteria for “brain death”
often in fact do have residual brain function which is not measured
by the criteria for “brain death,” and “brain dead” individuals often
survive long after the determination has been made, even at times
without mechanical support; and
WHEREAS, The function of other organs and tissues in the body
is not dependent on the function of the brain, an example being
wound healing, which continues even after the determination of
“brain death”; furthermore, even babies in the womb at the time of
determination of maternal “brain death” may be carried to term; and
WHEREAS, The guidance on determination of “brain death” is
based on opinion and not evidence, and studies have shown that not
all medical centers apply “brain death” criteria in a uniform manner;
and
WHEREAS, Secular bioethicists are becoming increasingly
critical of the concept of “brain death,” yet are merely calling for
alternative ethical frameworks within which to remove vital organs
from donors with still-beating hearts; and
WHEREAS, Techniques are emerging, which allow for the
donation of vital organs following the stoppage of the heart, which
optimize performance in the transplant recipient; and

2023 Convention Workbook

WHEREAS, The concept of “brain death” as a sole determinant of
death is non-Scriptural, and use of “brain death” as a criterion to
remove vital organs amounts to de facto euthanasia; therefore be it
Resolved, That the English District encourage members of her
congregations, as they complete Durable Power of Attorney for
Health Care paperwork, especially those who desire to donate
organs, to consider specifying in writing that they wish their
medical team to use the Scripture-based criterion of
cardiopulmonary failure to determine that their earthly lives have
ended; and be it further
Resolved, That the District call on the Synod to similarly
encourage congregation members synodwide; and be it further
Resolved, That the District and the Synod encourage pastors to
review this issue with parishioners in the course of end-of-life
planning discussions; and be it further
Resolved, That District and Synod pastors remind those who
regret having allowed loved ones to be declared dead solely on the
basis of “brain death” criteria or having otherwise participated in
the process (for example, health care workers) that there is
forgiveness in Jesus’ blood shed at Calvary, and offer the
opportunity for individual Confession and Absolution; and be it
finally
Resolved, That the District call on the Synod to establish a task
force consisting of members of the Synod Commission on Theology
and Church Relations, seminary professors, a district president,
rostered pastors of congregations, bioethicists, health care
professionals, and laity (with invitations to participate extended to
a representative from Lutherans for Life, as well as LCMS Life
Ministry), to review the issue of determination of death at greater
length, and report back to the 2026 Synod Convention to include
the addition of specific recommendations on this to the general
encouragement in the 1981 Res. 8-05 to consider organ donation at
time of death.
English District
Ov. 5-46

To Commission Biblical Study of Lending
within the Church
WHEREAS, The “other Great Commandment,” to “Love our
Neighbor,” is clearly reflected in the Mosaic Covenant when it
commands the people of Israel concerning usurious practices of
extracting gain from the needs of the most poor saying, “If you lend
money to any of my people with you who is poor, you shall not be
like a moneylender to him, and you shall not exact interest from
him” (Ex. 22:25); and
WHEREAS, We further hear this Great Commandment reflected
in the Mosaic Covenant when it speaks to how the people of Israel
are to regard the needs of their brothers saying, “If your brother
becomes poor and cannot maintain himself with you, you shall
support him as though he were a stranger and a sojourner, and he
shall live with you. Take no interest from him or profit, but fear
your God, that your brother may live beside you. You shall not lend
him your money at interest, nor give him your food for profit. I am
the Lord your God, who brought you out of the land of Egypt to
give you the land of Canaan, and to be your God” (Lev. 25:35–38);
and
WHEREAS, The Mosaic Covenant also taught the people of Israel
to love one another saying “You shall not charge interest on loans