May 12, 2003

A dispute resolution panel has lifted the suspension of Dr. David Benke, who has returned to work as president of the Synod's Atlantic District.

Benke was suspended last June by LCMS Second Vice President Wallace Schulz in response to complaints filed months earlier by 18 LCMS pastors and three congregations. The complaints said Benke's participation in "A Prayer for America," a post-Sept. 11, 2001, event at Yankee Stadium, constituted unscriptural worship with non-Christians, sin against the First and Second Commandments, public defense of false doctrine and violation of the Synod's Constitution and Bylaws.

Benke appealed the suspension, which has now been lifted. The three-member panel's decision was unanimous.

"On the basis of the testimony and evidence received, the Panel concludes that there is not sufficient reason or evidence according to the Synod's Constitution and Bylaws for suspending Rev. Benke. Therefore, the Panel concludes that the decision of Rev. Schulz for expulsion of Rev. Benke under Article XIII of the Constitution of the Synod is not substantiated," the dispute resolution panel wrote. "The suspension of Rev. Benke is lifted and his LCMS membership in good standing is continued."

The panel's decision is dated April 10. Under the Synod's Bylaws, Benke, Schulz or Synod President Gerald Kieschnick had 30 days to appeal it. None of the parties did.

"Rev. Benke's participation [in A Prayer for America'] was neither a rejection of nor a challenge to the Synod's Fellowship position and practice, but a discretionary response to a quite extraordinary set of circumstances in a quite unordinary event - a terrorist attack on the United States of America, specifically in New York City and the parochial area of St. Peter's Lutheran Church, New York, New York, and the Atlantic District of the LCMS," the panel wrote.

Benke is pastor of St. Peter's congregation in Brooklyn as well as Atlantic District president.

Kieschnick announced the panel's decision today (May 12).

"Much time, energy and attention have been expended on this case throughout the past 18 months," Kieschnick wrote in a memo to the members of The Lutheran Church - Missouri Synod. "The personal lives, professional careers and respective constituencies of two duly elected officers of the Synod (Dr. Benke and Dr. Schulz) have been affected in ways that they alone can fully comprehend."

Kieschnick wrote that, as Synod president, he is "grateful that this particular case is concluded."

Benke commented today that he is "proud" to serve in the Missouri Synod.

"The Word of God says, always be prepared to give defense of the hope that is within you, but do so with gentleness and respect,'" Benke said, quoting 1 Peter 3:15. "Yankee Stadium on Sept. 23, 2001, was the right place at the right time for the right witness to be given in a prayer for healing in the precious Name of Jesus.

"I am proud to serve in a denomination, The Lutheran Church - Missouri Synod, that encourages such witness through its understanding of the Scripture and through its own decisions," Benke continued. "And I am thankful for the process, no matter its duration, that helped to ascertain that Christian witness in any and all circumstance is to be seen as a God-given opportunity and not to be avoided."

Schulz said he disagrees with the panel's decision to lift Benke's suspension but told Synod Secretary Raymond Hartwig that he would not appeal it. "Our Synod has been through enough of this process," Schulz wrote to Hartwig, who administers the dispute-resolution process.

In the May 11 letter to Hartwig, which Schulz made public today, he wrote that "the Panel's decision makes over 25 references to the controversial resolution and an additional 35 references to bylaws but fails to make even a single reference to the Holy Scriptures!" The emphasis is Schulz's.

His reference is to Resolution 3-07A adopted by the 2001 Synod convention. It commends "for continued use and guidance" two documents on church-fellowship issues. The panel said it heard testimony that Kieschnick approved Benke's decision to participate in the Yankee Stadium event on the basis of that resolution.

"In other words," Schulz wrote, "even though this case involves a very serious offense against God's First Commandment and must therefore be dealt with on the basis of God's Word, the Panel has decided to rule on the basis of a man-made resolution!

"In its decision the Panel has clearly violated the Constitution of The Lutheran Church - Missouri Synod and sinned against the Word of God, since Article VIII of the LCMS Constitution states All matters of doctrine and conscience shall be decided only by the Word of God,'" Schulz continued.

"If the Panel's decision is permitted to stand unchallenged, its impact will reach far beyond the Benke case, fundamentally changing our Synod and leading it to resolve spiritual issues on the basis of men's opinions rather than God's Word," Schulz wrote.

The dispute resolution panel's decision does not agree, however, that such resolutions reflect human opinion rather than Holy Scripture. It quotes a letter from Dr. Samuel Nafzger, executive director of the Synod's Commission on Theology and Church Relations, regarding how the authority of Scripture relates to the Synod's doctrinal resolutions:

"The Synod is not elevating resolutions which it adopts over the Scriptures when it requires its members to honor and uphold such doctrinal resolutions and statements," Nafzger wrote to the panel. "This is rather a recognition of what it is that the majority of its members understand the Scriptures to teach."

Nafzger wrote that the Synod has a procedure for dissent should anyone believe a resolution to be contrary to Scripture. But, he added, "the members of the Synod are not free to disregard synodically adopted doctrinal resolutions and statements or to teach and act contrary to them as they carry out their ministries."

The panel wrote that "the collective will of the Synod is expressed in Resolution 3-07A. Until the Synod itself adopts a more definitive resolution, cases of discretion will be managed in accordance with 3-07A and the corresponding ecclesiastical supervision. In such cases, the Resolution does not encourage the bringing of charges and possible dismissal, but patience, putting the best construction on everything {charity}, and the opportunity for continued study and discussion as per (LCMS Bylaw) 2.39 c.

"Where the Synod has provided even a minimal measure of guidance, we should not stand in judgment of one another in matters of discretionary and extra ordinary nature, especially in matters of tragedy and emotional distress when and where there is no intention to belittle or defy the positions of Synod," the panel said.

The entire 14-page decision of the dispute resolution panel is available on the Web at www.lcms.org/president/disputedecision.asp.

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