LCMS Convention Workbook St. Louis, Missouri — 2004, Page 310

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310 ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

8-47

To Have Synod in Convention Serve
as Ecclesiastical Supervisor in Matter of Charges
Previously Brought against President

WHEREAS, Charges have been brought against President Gerald
Kieschnick specifying violations of Art. II and Art. VI of the Con-
stitution; and

WHEREAS, These charges are of a very serious nature calling
into question the ability of President Kieschnick to lead our Synod
and to remain a member of the Synod; and

WHEREAS, The Commission on Constitutional Matters has is-
sued a binding opinion that only the Synod in convention can serve
as the Synod President’s ecclesiastical supervisor in such matters;
and

WHEREAS, The Synod’s Commission on Theology and Church
Relations determined in its Feb. 18, 2003, meeting that the “Cases
of Discretion” in The Lutheran Understanding of Church Fellow-
ship: A Report on Synodical Discussions stated, “Section V, B,
does not explicitly address the issue of offering a prayer by an
LCMS pastor in a ‘civic event’ in which prayers would also be of-
fered by representatives of non-Christian religions,” making the use
of the document not applicable with respect to the Yankee Stadium
“A Prayer for America” interfaith worship service; and

Whereas, The Dispute Resolution Panel in the Benke case
based its findings in large part on the application of Res. 3-07A
specifically referencing Section V, B, of the CTCR document in
question, thereby making its decision based on a nonapplicable
CTCR document; and

Wuereas, This failure on the part of the Dispute Resolution
Panel to consider the CTCR finding of Feb. 18, 2003, calls into
question the validity of their binding opinion; and

WHEREAS, The Synod’s Commission on Constitutional Matters
has issued an opinion indicating that if an ecclesiastical supervisor
is in error in his advice, and later finds out that his advice was in-
correct, he is to rectify the situation; and

WuerEAS, President Kieschnick’s advice to Atlantic District
President David Benke to participate in “A Prayer for America”
was wrongly made based on the provisions of Res. 3-07A as de-
termined by the CTCR’s findings on the applicability of the “Cases
of Discretion” clauses in Section V, B, of the CTCR document A
Lutheran Understanding of Church Fellowship: A Report on Syn-
odical Discussions,” and has not been corrected; and

Wuereas, The Synod should not be subject to the continuing
uncertainty of such alleged malfeasance of office by the President
of the Synod without resolution; and

WHEREAS, The procedures set forth in Bylaw 2.27 cannot be
employed in a Synod convention setting; and

WuerEAs, Ecclesiastical supervision (as outlined in Bylaw
2.27) provides for an investigation of the charges presented, not
merely resolution by means of election or reelection; and

WHEREAS, The remedy provided by the Commission on Constitu-
tional Matters (that the Synod in convention serve as the Synod Presi-
dent’s ecclesiastical supervisor) should be provided; therefore be it

Resolved, That the original charges filed with the President of
the Missouri District by Rev. David Oberdieck and Rev. Steven
Bohler be reinstated; and be it further

Resolved, That the 2004 convention set aside the first one-half
day (8:00 A.M.—12:00 noon) of the convention for the hearing of
the charges that have been made against President Kieschnick in
the following fashion:

a. The presiding officer of the hearing shall be the Missouri District

President.

b. The convention as a whole will serve as the adjudicating panel.

c. The advocate for the Synod President shall be a man of the Synod
of the President’s own choosing.

d. The advocate for the complainants shall be Rev. Dr. Wallace
Schulz.

e. Upto one hour and 50 minutes shall be provided to the advocate of
the complainants to present evidence of the veracity of the charges
brought against President Kieschnick. :

f. Upto one hour and 50 minutes shall be provided to the advocate of
‘ the Synod President to present exculpatory evidence regarding the
charges brought against him to the convention.

g. Neither side will be denied less than one hour and 50 minutes to
present their evidence to the convention.

h. At the conclusion of the presentation for the advocate of President
Kieschnick, the advocate for President Kieschnick shall have 10
minutes to provide a summation of his case.

i. At the conclusion of the summation for the advocate of President
Kieschnick, the advocate for the complainants shall have 10 min-
utes to provide a summation of his case.

j. After the summations, the Synod in convention shall render a judg-
ment regarding the charges against President Kieschnick, either dis-
missing the charges or upholding them, and this judgment shall be
rendered prior to the holding of any elections of the Synod, or the
conduct of any other business to be brought before the Synod in
convention.

k. A convention decision to uphold the charges against President
Kieschnick will carry with it the same conclusion as the remedy
provided by Bylaw 2.27, that is, the termination of the President’s
synodical membership.

1. A convention decision to dismiss the charges against President
Kieschnick will enable him to continue as a member of the Synod
in good standing.

m. The decision of the Synod in convention shall be final; and be it fi-
nally

Resolved, That the Synod convention may be extended a half
day, if needed, to complete the business of the convention:

Sangre de Cristo Circuit Forum 6, Eastern High Plains
Circuit Forum 11, Rocky Mountain District; Crookston
Circuit Forum, Minnesota North District

8-48

To Consider Whether or Not President
Upheld Constitution of Synod

Wuereas, The Commission on Constitutional Matters (CCM)
has stated that only the Synod in convention has ecclesiastical au-
thority over the President of the Synod; and

WHEREAS, Art. VI of the LCMS Constitution states as a condi-
tion of membership to include: “2. Renunciation of unionism and
syncretism of every description . . .” (2001 Handbook, LCMS); and

WHEREAS, Art. VI uses both general and inclusive language,
which is specific and admits no exceptions; and

WHEREAS, Scripture prohibits all forms of unionism (e.g., the
First Commandment; Matt. 7:15; Rom. 16:17; 1 Cor. 1:10; 2 Cor.
6:14-18; Phil. 1:27; 1 Tim. 6:35; Titus 3:10; 2 Jn. 10:11); and

WHEREAS, The Council of Presidents adopted a joint worship
paper which reiterated the Synod’s Scriptural and historical oppo-
sition against unionism (Reporter, May 2, 1983); and

WHEREAS, The Synod’s then President, Rev. Ralph Bohlmann,
stated that the paper produced by the COP had correctly stated “the
official Missouri Synod position and should therefore be honored
and upheld by all” (Reporter, May 2, 1983); and

WHEREAS, Rev. Gerald Kieschnick encouraged Rev. David
Benke to participate in a memorial service on Sept. 23, 2001, which
included non-Christian clergy from such false, non-Christian reli-
gions as Judaism, Sikhism, Hinduism, and Islam—an event adver-
tised as an “Interfaith Service,” a “Prayer Service,” and a “Memo-
rial Service” (Reporter, Oct. 2001); and

WHEREAS, The 61st Regular Convention of The Lutheran

Church—Missouri Synod declared, “We cannot consider them (the
ELCA) to be an orthodox Lutheran church body” (Res. 3:21 a); and