CLGS

January 1995—Bishop Writes to Synod

On several occasions during the past months I have been asked about how I intend to respond to several issues which I inherited when I was elected to this office. Each time I indicated that I did not intend to act in haste, but would take time for consultation and reflection. I believe the time has come for me to indicate how I will respond...1

St. Paul says to the Colossians (8:12): "As God's chosen ones, holy and beloved, clothe yourselves with compassion, kindness, humility, meekness, and patience. Bear with one another and, if anyone has a complaint against another, forgive each other just as the Lord has forgiven you, so you also must forgive. Above all, clothe yourselves with love which binds everything together in perfect harmony." These words give clear direction as to how we might live together with the differences that emerge from our varied experiences of life...

As you know, the San Francisco and the East Bay Conferences have each elected deans who are not rostered clergy of the ELCA. In reviewing this situation, both conferences have indicated that they wish to continue with their present leadership. In addition, St. Paul Lutheran Church in Oakland continues to be served by Pastor Ross Merkel, who was its pastor for eleven years prior to his removal from the clergy roster in March of 1994.

...Let me speak first of all about St. Paul Lutheran Church in Oakland. This congregation continues to provide strong support to the ELCA and to the Sierra Pacific Synod. A member of the congregation serves on the Synod Executive Committee and as synod treasurer. The congregation continues to support and serve its community through various ministries to the sick and homeless, in addition to providing strong Word and Sacrament ministry. It is my intention to declare that this parish is vacant. No pastor will be listed for St. Paul in the ELCA yearbook or in synod statistics. Representation at synod assemblies will be limited to lay delegates. It is my intention to act within the spirit of Paul's letter to the Colossians as we deal with sisters and brothers in Christ who are honestly and sincerely seeking to be obedient to the gospel in the situation in which they find themselves. It is my purpose to be as supportive as I can within the boundaries of faithfulness to the constitution.

The two non-rostered conference deans present a different situation. There are no structures in place to discipline a conference even if one should desire to do that. It is, however, my belief that the actions of the conferences are in implicit, if not in explicit, conflict with the constitution... I shall take direct responsibility for the San Francisco and East Bay Conferences... From the point of view of the synod, these offices will be seen as vacant. At the conference level, the elected deans may function to gather clergy and congregations and preside over conference assemblies, as long as that is the wish of the conference. However, my office will assume responsibility in matters relating to pastoral vacancies and installation of pastors and AIMs.2 I...will also assume responsibility for clergy, AIMs, and congregations who would not be receptive to the pastoral care of the dean in these conferences... [T]his relationship can be cumbersome, even difficult. However, I believe that it is the best resolution of this matter at present.

The above actions will allow us to "bear with one another, ...to forgive one another...", and it will give time to continue "to clothe ourselves with love" as we walk together and seek to find that path which most clearly expresses the heart and mind of our Lord, Jesus Christ.

There are those on both sides of the issue who would urge me to take swift and decisive action. On one side, they would urge me to act within a strict interpretation of the constitution... On the other, they would urge me to embrace the actions of the conferences and to authorize Pastor Merkel to serve as the pastor of St. Paul's. My action in choosing neither of those options recognizes that truth is not captive to any ideological position, but is discovered as people of faith come together in prayer and mutual affirmation to seek the path of faithfulness.

...Please do not misread my actions... In those instances where it is clear to me that there is direct and malicious disregard for the constitution, I will not hesitate to act with all the authority of this office. We have made covenants together and it is important that we be able to count on one another to be faithful to those agreements.

As my schedule allows, I will be available...for discussion of these actions... I do not expect that we will all agree; I do expect that we will engage in serious and respectful dialogue with one another as together we search for what it means to be faithful to God in this time and place.

Let me now return to Paul's letter to the Colossians: "Let the word of Christ dwell in you richly; teach and admonish one another in all wisdom; and with gratitude in your hearts sing psalms, hymns, and spiritual songs to God." Let us be about that purpose! While we may be concerned about the issues discussed above, they ought not divert us from this baptismal commission to make Christ known... I pray that it is around this purpose that we can find our unity and the courage to move into the year ahead with boldness. In God's love and care.

1990–1995—Another Conflict/Another Solution

In another Lutheran conflict two San Francisco churches six years ago challenged an ELCA ordination policy that requires a vow of celibacy from gay and lesbian candidates. St. Francis and First United Lutheran Churches ordained three pastors in January 1990 who would not agree to the celibacy requirement. St. Francis, with almost half of its membership gay or lesbian, called Ruth Frost and Phyllis Zillhart, a lesbian couple. First United, a church with a liberal tradition, but few gay members, called Jeff Johnson, a gay man.3 Jim Lokken, of St. Francis, summarizes what happened next:

“In a highly publicized hearing before the ELCA discipline committee, the two congregations asked the discipline committee to review the justice of the ELCA's policy... The ELCA argued that the issue was simply one of violation of the constitution and that the two congregations should be expelled. By a vote of 6 to 5, the committee sided with the ELCA. It provided, however, that the congregations would be 'suspended' for five years, during which time it hoped that the issue could be studied and the disagreement between the congregations and the parent church resolved. By the end of 1995, nothing had changed and the congregations were [to be] expelled."4

Before the disfellowshipping took place, the following motion was passed by Sierra Pacific Synod Council, representing more attempts to maintain connections:

The Council reaffirms the Synod's intent, expressed in the Synod Assembly Resolution 95–5, that we "explore creative ways to maintain a strong bond of fellowship" with these congregations. To that end, the Council intends to begin this process in the following ways:

(1) By asking the Bishop to write a prayer petition for the two congregations which might be commended to all congregations of the Synod for use on 31 December 1995, the Sunday prior to their expulsion under the terms of the disciplinary decision. (See above.)

(2) By urging the San Francisco Conference to continue to include the congregations in Conference activities insofar as possible.

(3) By directing the Synod office to keep the congregations on the Synod's mailing list, and by requesting the Evangelical Lutheran Church in America to do the same.

(4) By expressing our hope to the congregations that they might be available as resources for others in areas in ministry where they have expertise.

(5) By asking the Bishop to invite clergy and members of the congregations to attend the Synod Assembly as visitors and observers as they are interested and able.

(6) By encouraging members of the ELCA to make their concern for these congregations concrete by joining them in worship as they may have opportunity.

(7) By asking the Bishop to offer to continue to provide pastoral care to the clergy and members of these congregations as needed and desired.

The Council intends to review these points and the status of our "bond of fellowship" with these congregations in September 1996. Motion carried.5

Notes

1 Article is excerpted from letter to Sierra Pacific Synod.

2 AIM means Associate in Ministry.

3 Data was provided by Jim Lokken, "Background" paper, 10 February 1996.

4 Lokken, ibid.

5 Minutes from Sierra Pacific Synod Council, 15-16 September 1995, p. 5.

Robert W. Mattheis, Bishop of Sierra Pacific Synod, ELCA, in California, seeks to maintain connections while upholding church law.