Constitutions are Not Set in Stone

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In this article which appeared in the latest issue of the Anglican Journal, Peter Mikelic, a pastor of Epiphany Lutheran church, Toronto and a clergy member of the ELCIC's National Church Council (NCC), gives his point of view on the decision to be made by the NCC at its September 15-16, 2006 meeting in regards to the legality of the Eastern Synod Convention's action in July to give congregations the authority to decide whether or not to conduct blessings of same-sex couples.
The timing of this article is rather peculiar. It appears in the October issue of theAnglican Journal and, thus, after the NCC had made its ruling on this matter in mid-September. And yet it is written as if that decision by the NCC were still to come.

Openly Gay Lutheran Pastors Defy the ELCA

There are two reports at the Lutherans Concerned web site of pastors in homosexual relationships being ordained to serve as pastors in the Evangelical Lutheran Church in America (ELCA). One pastor is being ordained at a Ebenezer Lutheran Church in San Francisco. That church also known as "Her Church" is described by Lutherans Concerned as "known for its cutting edge ministry and 're-imaging' what it means to be church". The other pastor was to be ordained at a church in Chicago. Both ordinations are taking place with the full knowledge that they are in opposition to policies of the ELCA. A March report from the WordAlone network indicated that organizations such as Lutherans Concerned are working together to raise $2 million to further their cause for change in the ELCA as they consider the ELCA to be at a "tipping point, a critical juncture".

Eastern Synod Bishop Responds to NCC Ruling

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The bishop of the Eastern Synod has issued a response to the National Church Council's ruling that the action taken by the Eastern Synod Convention this summer giving congregations the option to conduct same-sex blessings is "beyond its constitutional authority". He indicates that the Eastern Synod Council at its November 16-18 meeting will "determine an appropriate response". As well, the Kitchener-Waterloo Record recently reported (Same-sex blessings hit snag, September 26, 2006) that Bishop Pryse "is taking the council's ruling as an opinion that can be appealed to a church court of adjudication" (ironically the Eastern Synod Convention defeated a motion that would have sent the original resolution to the ELCIC's court of adjudication to determine its constitutionality). The Record also reports that the Eastern Synod Council at its November meeting "will discuss whether to comply or appeal the national council's decision". However, according to Section 11, Part VII (National Church Council) of the church's by-laws (see Key Constitutional Reference to Consider below), if the Eastern Synod does not rescind its action, then "the issue shall be reported to the next convention for adjudication".

N.B.: Deadline for Delegate Selection

The ELCIC’s National Office has recently sent out a notice that congregations must elect their lay delegates by January 20, 2007. The secretary of the Synod then needs to advise the national office of the names and addresses of lay delegates elected by the member congregations by February 20, 2007. This will complicate life for many congregations whose annual meetings do not take place until the end of January or later. Unless the annual meetings are re-scheduled to an earlier date, then congregations will need to schedule a special congregational meeting in order to elect their delegate(s) within the allotted time frame - that is, prior to January 20, 2007.

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ELCIC – National Convention

June 21 – 24, 2007 – Winnipeg, MB

Election of Lay Delegates

Section 29 b) of the Corporate By-Laws of the ELCIC indicates that a lay delegate shall be elected not earlier than twelve months and not later than five months before a convention by each member congregation which is not represented by a delegate who is an ordained minister elected by a conference.

Therefore, the congregations must elect their lay delegates by January 20^th, 2007. The secretary of the Synod then needs to advise the national office of the names and addresses of lay delegates elected by the member congregations by February 20, 2007.

Following is the full text of the election process of delegates that appears in the Corporate By-Laws of the ELCIC.

CORPORATE BY-LAWS

DELEGATES

29. Each member congregation shall be entitled to be represented by at least one delegate at each Convention. Such delegates shall be elected as follows:

a) 200 ordained ministers shall be elected not earlier than eighteen (18) months and not later than seven (7) months before a Convention by the Conferences as allocated by the National Church Council on the basis of baptized membership;

b) a delegate who is a lay person shall be elected not earlier than twelve (12) months and not later than five (5) months before a Convention by each member congregation which is not represented by a delegate who is an ordained minister elected by a Conference; and

c) an additional delegate who is a lay person shall be elected within the time specified in clause (b) above by each member congregation with more than 800 baptized members.

A member congregation with a membership of less than 800 baptized members which has been represented by an ordained minister elected by a Conference for two consecutive biennial Conventions shall not be represented by an ordained minister at the following biennial Convention.

The secretary of the Synod shall advise the secretary of the names and addresses of the delegates elected by the Conferences and by the member congregations of that Synod within thirty (30) days following each such election.

Key Constitutional Reference to Consider

In his press release ("Letter To The Church From National Bishop Raymond Schultz") of July17, the National Bishop indicated that, "The Officers of this church will bring a recommendation to NCC regarding the legality of the Eastern Synod resolution at the September 15-16, 2006 meeting to be held in Winnipeg" and that in making its ruling the NCC will "review the action of the Eastern Synod in light of this church's documents". One particular element from the church's documents to carefully consider with respect to the NCC's recent ruling on the action of the Easteren Synod is Section 11, Part VII (National Church Council) of the church's by-laws, which states:

"It (National Church Council) shall review the actions of the committees and synods of this church at the first or second meeting of the council following receipt of minutes in which such actions are recorded. If a specific action is, in the judgment of the council, outside the authority of the committees or synod concerned or not in conformity with a policy laid down by the convention, formal declaration of that fact shall postpone or suspend the effectiveness of such action. If the action in question is not rescinded, the issue shall be reported to the next convention for adjudication".

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July 23, 2006 Letter to the Church from National Bishop Raymond Schultz NEWS RELEASE From the Evangelical Lutheran Church in Canada (ELCIC) LETTER TO THE CHURCH FROM NATIONAL BISHOP RAYMOND SCHULTZ Winnipeg, 17 July 2006--The following is the text from a letter to the Church from National Bishop Raymond Schultz: Dear Friends, Many members of the ELCIC are aware that the Eastern Synod, meeting in convention Thursday, July 6, 2006, voted by a 72% majority, the following resolution: That the Eastern Synod of the ELCIC recognizes that the blessing of same-gender couples who want to make a life-long commitment to one another in the presence of God and their community of faith is a matter of pastoral and congregational discretion. Authorization to perform such blessings shall require the consent of the pastor and the consent of the congregation or calling agency, as expressed by a 2/3 majority vote at a duly called meeting of the congregation or calling agency, and in consultation with the bishop. Some delegates to the Eastern Synod convention questioned whether the synod has the jurisdiction to adopt such an action, particularly in view of the fact that the 2005 National Convention rejected a resolution very similar in wording. However, a motion to refer the matter to National Church Council (NCC) and/or the Court of Adjudication for a ruling was defeated. In a pastoral letter dated July 9, 2006, Bishop Pryse wrote: By virtue of this action, same gender couples may now have their unions blessed within the context of those Eastern Synod ministries which are willing and able to meet the conditions specified within this motion. The Officers of this church will bring a recommendation to NCC regarding the legality of the Eastern Synod resolution at the September 15-16, 2006 meeting to be held in Winnipeg. The Constitution, Bylaws and National/Synodical Responsibilities policy of the ELCIC will form the basis on which the decision is made. The question will not be referred to the Court of Adjudication unless an appeal of the NCC’s decision is filed. It would be advisable for congregations considering the blessing of same gender couples to wait until NCC has made a ruling on this matter before proceeding further. I would hope that members and ministers of this church will refrain from speculating on possible outcomes before NCC has opportunity to issue its ruling. Rather than call an immediate meeting without sufficient preparation, I have urged NCC to take the time between now and the next meeting to review the action of the Eastern Synod in light of this church’s documents and prepare itself for a jurisdictional ruling. A number of members have written letters to NCC expressing their concern over this matter. They have been assured that their letters have been received and that the matter has been placed on NCC’s agenda. Due to staff vacations in the national office, it may not be possible to reply to subsequent correspondence in a timely manner. National Bishop Raymond Schultz Evangelical Lutheran Church in Canada (ELCIC) ----------------------------------------------------------------- The Evangelical Lutheran Church in Canada is Canada's largest Lutheran denomination with 182,077 baptized members in 624 congregations. It is a member of the Lutheran World Federation, the Canadian Council of Churches and the World Council of Churches. Material provided through ELCIC Information is intended for reproduction and redistribution by recipients in whatever manner they may find useful. For more information, please contact: Trina Gallop, Manager of Communications, 302-393 Portage Ave., Winnipeg, MB R3B 3H6, 204.984.9172 tgallop@elcic.ca

National Church Council's Response to Eastern Synod's Approval of Same-Sex Blessings

A press release from the National Office of the ELCIC provides a statement from the National Church council on the motion passed at the 2006 Eastern Synod Convention regarding the blessing of same-gender couples.

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September 19, 2006

ELCIC NATIONAL CHURCH COUNCIL ISSUES STATEMENT ON MOTION PASSED AT THE 2006 EASTERN SYNOD CONVENTION REGARDING THE BLESSING OF SAME-GENDER COUPLES

Winnipeg, 19 September 2006 -- At the fall meeting of National Church Council (NCC), members of the Evangelical Lutheran Church in Canada (ELCIC) met September 14-16 in Winnipeg, Manitoba to discuss matters relating to the business of the church. Agenda items before NCC members included a discussion on the motion adopted at the 2006 Eastern Synod Convention regarding the blessing of same-gender couples. In response to questions following the motion's approval at the synodical convention, NCC issued the following statement:

The Evangelical Lutheran Church in Canada (ELCIC) is a church comprised of three distinctive areas: our congregations, synods and national office. Each area brings its own unique and important element to the church as a whole; united for the same mission outcome. All three expressions, working together, form the foundation of our church. When we work together, we fulfil our vision of being a church In Mission for Others.

Many members of the ELCIC are aware of a motion defeated at the 2005 National Convention regarding a local option to bless same-gender couples. Recently, at its 2006 Convention, the Eastern Synod passed a motion with similar wording allowing for a local option to bless same-gender couples.

After careful consideration, based on the Constitution and Bylaws of the ELCIC National Church, as well as National and Synodical policies, the National Church Council has notified the Eastern Synod that its 2006 resolution on the blessing of same gender couples is beyond its constitutional authority. Therefore, National Church Council urges congregations and pastors of the ELCIC to continue to abide by decisions made at the 2005 National Convention.

At the same time, National Church Council acknowledges that there are deep and significant differences of opinion concerning this issue. To assist with understanding and addressing these areas, the Council has agreed to:

1. Invite a consultation with the Eastern Synod to determine how its concerns may be addressed.
2. Develop a social statement on human sexuality for consideration by the 2009 National Convention for deliberation by the ELCIC. In addition, this task force will produce a progress report that will be provided at the 2007 National Convention.

National Church Council has also ratified a motion, which will be presented at the 2007 National Convention, to reconsider a local option for pastors and congregations to bless same-gender couples.

As a church In Mission for Others, we are all part of one body. When we are faced with difficult topics of conversation, we must be open to dialogue to maintain the unity of the Spirit in the bond of peace. National Church Council encourages ELCIC churches to allow the Holy Spirit to call, gather and enlighten us as we move forward together.

WordAlone's Orthodox Take on Faith Was, Not So Long Ago, 'Moderate, Middle' of Lutheranism

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In many ways the current situation in the ELCIC mirrors that in the ELCA. In this article, an ELCA pastor describes how it is in the interest of some to try to portray the WordAlone movement's orthodox position on faith as that of an extreme interest group within the ELCA. Not unlike the position of Solid Ground, the pastor notes that "Far from being an interest group on the fringe of Lutheranism, WordAlone represents orthodox, confessional Lutheran theology within a denomination that still claims the name Lutheran, but seems increasingly unaware of what that even means."