wfn.org | LCMS - Kieschnick calls on Schulz to reverse Benke suspension

[Worldwide Faith News <wfn@igc.org>]

The Lutheran Church--Missouri Synod Board for Communication Services

LCMSNews -- No. 38
July 12, 2002

Kieschnick calls on Schulz to reverse Benke suspension

By David L. Mahsman

Lutheran Church--Missouri Synod Second Vice President Wallace Schulz has 
suspended Atlantic District President David Benke over his participation in 
a post-Sept. 11 event at Yankee Stadium.

But Synod President Gerald Kieschnick says Schulz's action violates a 
resolution adopted by last year's Synod convention.  Kieschnick has written 
to Schulz asking that his action be "altered or reversed."

Schulz placed Benke on suspended status June 25 in a case related to 
Benke's participation in "A Prayer for America" last Sept. 23 at Yankee 
Stadium.  Benke offered a prayer at the event, which included participation 
by Christian and non-Christian clergy, political leaders and entertainers.

A Jan. 30 majority vote of the Synod's praesidium -- the president and five 
vice presidents -- gave responsibility to Schulz for investigating charges 
that had been brought against Benke by a number of LCMS pastors and 
congregations.  The complaints allege that Benke is guilty of a variety of 
charges, including "unionism" and "syncretism."

Benke has asked that his case be heard and resolved, in effect appealing 
the suspension.  The process outlined in the Synod's Bylaws calls for a 
three-member "Dispute Resolution Panel" to hear the case.  The three would 
be selected by blind draw from among a Synodwide pool of trained 
"reconcilers" appointed by the districts.

There has been no indication how quickly a panel might be established.

Suspension means that Benke has been relieved of his district and Synod 
duties, while he remains pastor of St. Peter Lutheran Church in 
Brooklyn.  A ruling in favor of Benke by the Dispute Resolution Panel would 
lift the suspension.  A ruling against him would lead to his removal from 
the Synod's clergy roster unless a review panel were to reverse such a 
decision.

In a "Pastoral Letter to the Synod," Kieschnick wrote that he is "hereby 
advising the Synod that I have no choice but to `call up for review' Dr. 
Schulz's action of placing President David H. Benke on suspended status for 
the purpose of requesting that his action be `altered or reversed.'"

The letter was sent July 9 via e-mail to LCMS church workers, officials and 
congregations.  At the time that this LCMSNews release was sent, a printed 
version was being prepared for mailing.  It also is available on the 
Synod's Web site, http://www.lcms.org.

Kieschnick in his letter invokes a Synod bylaw (3.101, B, 5) that directs 
the president to "call up for review any action by an individual officer 
... which, in his view, may be in violation of the Constitution, Bylaws and 
resolutions of the Synod ...."

Last year's Synod convention adopted a resolution (3-07A), that commends 
"for continued use and guidance" two documents on church-fellowship issues 
from the Commission on Theology and Church Relations and the late LCMS 
President A.L. Barry.  One includes a discussion of "cases of discretion," 
stating in part, "Not every occasion where worship takes place is 
necessarily a manifestation of church fellowship."

"Dr. Benke's decision to participate in the Yankee Stadium event was made 
following consultation with his ecclesiastical supervisor and other 
advisors, who provided counsel to him based on the Constitution of the 
Synod and 2001 Resolution 3-07A," Kieschnick wrote.

"... Vice President Schulz has suspended President Benke without even 
addressing the question of whether he has acted contrary to the doctrine 
and practice of the Synod as presented in Resolution 3-07A.  As an officer 
of the Synod Dr. Schulz is bound to honor and uphold the resolutions of the 
Synod.  Accordingly, any decision which he might make regarding the 
suspension of an LCMS pastor MUST be based on the understanding of what the 
Scriptures and the Lutheran Confessions teach AS DETERMINED BY THE LUTHERAN 
CHURCH--MISSOURI SYNOD IN ITS CONSTITUTION, BYLAWS AND SYNODICAL 
RESOLUTIONS," Kieschnick wrote, adding the emphasis (where 
capitalized).  "This he has not done in his action of suspending President 
Benke."

Contacted at his home July 10, Schulz said that he has "no response" to 
Kieschnick's letter.

Kieschnick is visiting the Atlantic District yesterday (July 11) and today 
(July 12) to meet with Benke's congregation, as well as with the Atlantic 
District Board of Directors and the board of regents, faculty and staff of 
Concordia College, Bronxville, N.Y.

"The purpose of these meetings will be to encourage these members of the 
Synod, to demonstrate evangelical, pastoral concern for them during this 
stressful time, and to assure them of the love and support of the members 
of the Synod and of the Council of Presidents, including the synodical 
president," Kieschnick wrote in his letter to the Synod.

Atlantic District First Vice President Charles Froehlich, pastor of St. 
Luke Lutheran Church, Dix Hill, N.Y., has taken up the district president's 
responsibilities as a result of Benke's suspension.

In a letter to the people of the district, Froehlich wrote that he is 
assuming the responsibilities "in full support of Dr. Benke's action, with 
the expectation that the suspension will be removed and Dr. Benke will be 
fully exonerated."

Froehlich's letter is posted on the district's Web site, http://www.ad 
lcms.org.

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