LCMS President Ruled Immune From Censure
By Rev. Jack Cascione

 

Pastors and Congregations in the LCMS have lost their right to question the doctrine and practice of the LCMS President. For the first time in its history, the office of the President in the Lutheran Church-Missouri Synod is ruled to be immune from all charges, censures, and doctrinal accountability to the pastors and congregations of the Synod.

In an emergency meeting on Sunday night, Dec. 9, 2001, the LCMS Commission on Constitutional Matters, (CCM) changed the LCMS Constitution and ruled that pastors and congregations could no longer bring charges of false doctrine against the President of the Synod, Dr. Gerald Kieschnick.

The Commission ruled that only the LCMS Convention that meets every three years could bring charges of false doctrine against the Synodical President. However, the LCMS President has the authority to hand pick all Floor Committee Chairmen at the Convention. These eight Chairmen decide which resolutions are presented to the Convention, including any charges brought against the President. Actually, only one Floor Committee would be responsible for such resolutions regarding charges of false doctrine. The next Synod Convention is not scheduled until July 2004.

Prior to Dec. 9, charges of false doctrine against the Synodical President could be filed with the Missouri District President.

The test case in this matter, was the charges filed by two pastors who objected to President Kieschnick's defense of Atlantic District President, David Benke's participation in a "Prayer Service" with Moslems, Jews, and Buddhists, in Yankee Stadium after the Sept. 11 attacks.

The question is not whether the charges are correct or incorrect, but that now all members of the Synod have lost their right to question the doctrine and practice of the Missouri Synod President.

David Strand, Director of Public Affairs, The Lutheran Church--Missouri Synod, reports "The Synodwide reaction to the complaints--each having the potential of leading to the ouster of President Kieschnick--has been strongly supportive of Presidents Kieschnick and Benke (this based on an objective reading of responses received at the International Center)."

Strand's report may be correct, but flies in the face of the Synod's 154 year history of congregation polity and voter supremacy. In essence, "mob rule" has robbed the individual layman of his right to redress in the Synod.

The Synod adopted the new "Dispute Resolution Process" in 1992, which exempted the Synodical President from congregational oversight. However, this was changed in order that no one in the Synod would be above the Bible. Now the CCM has returned to the 1992 attempt to place the Synodical President above Matthew 18:15 and following.

In 1847, with the guidance of C. F. W. Walther, the Synod rejected the rule of Catholic style hierarchy from which it freed itself. Walther taught that no one is above the Bible. He wrote: "Since, according to God's WORD, the congregation is the highest court within its circle (Matt.18: 17; Col. 4:17), and the preacher has church authority only in common with the congregation (Matt. 20:25-26; 23:8; 1Peter5:1-3; 2Cor.8:8), the preacher must be concerned that the congregational assembly, both regular and special ones as needed at times, be held in Christian order to consider and carry out what is necessary for its governing (Matt. 18:17; 1Cor. 5:4; 2Cor.2:6; Acts 6:2; 15:1-4, 30; 21:17-22; 1Tim. 5:20)." (C.F.W. Walther, "Pastoral Theology," CN New Haven Mo., 5th Edition 1906 page 257)

It now appears the Synod has returned to its pre-Walther German roots.

Before Walther, the Synod was ruled by Martin Stephan, who Mundinger describes as follows, "Safe from the reach of a persecuting government . . . Stephan began to conduct himself like an Oriental despot." (Government in Missouri, CPH 1947, page 85)

Mundinger writes about the Germans' historic love for hierarchy in pastoral training as follows: "The old medieval, paternalistic, and hierarchical concepts of church government developed by Stephan had been drilled into these young men during the most formative period of their ministry." (Government in Missouri, CPH 1947, page 95)

Now, when faced with challenges to the doctrine and practice of the LCMS President, the CCM has ruled that congregations, pastors, and lay people can no longer challenge the LCMS President while he is in office.

After experiencing the persecution of Stephan, C. F. W. Walther turned against Stephan in the United States and, by God's grace, led the Missouri Synod to become the largest church body in the world that is owned and operated by lay people.

Suddenly, under the very real threat of two pastors filing charges, whose action may indeed be unpopular in the eyes of the public, the Synod once again returned to its German hierarchical roots. Once again we can hear the return of hobnail boots clicking in the LCMS.

When the rules don't work, change the rules.

One of the Synod's finest theologians wrote: "The only purpose of voting in matters of doctrine is to see whether all understand the teaching of the divine Word and agree to it; the purpose of the vote is not to decide the correctness of doctrine by majority vote or even by unanimous vote." (Pieper, Christian Dogmatics, III:430)."

Three LCMS District Pastors' Conventions and the now the Pastors of the East District of the Lutheran Church - Canada, have all questioned Kieschnick's actions. They now have no court of appeal. In essence the Missouri Synod is no longer the Missouri Synod.


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December 11, 2001