ELCA NEWS SERVICE
July 5, 2007
ELCA Committee on Appeals Rules in Atlanta Discipline Case
07-123-JB
CHICAGO (ELCA) -- The Committee on Appeals of the Evangelical Lutheran Church in America (ELCA) ruled July 2 in favor of an appeal by the Rev. Ronald B. Warren, bishop of the ELCA Southeastern Synod, Atlanta, who sought removal of Bradley
E. Schmeling, Atlanta, from the official clergy roster of the ELCA. The appeals committee ruled that Schmeling was to be removed immediately from the roster, upholding the determination by a disciplinary hearing committee that Schmeling was in
violation of the ELCA policy regarding the sexual conduct of its pastors.
Decisions of the Committee on Appeals are not made public by the ELCA churchwide organization. According to the ELCA Constitution, Bylaws and Continuing Resolutions, summaries of decisions are to be reported to the next ELCA Churchwide
Assembly, the church's highest legislative authority, which will be here at Navy Pier Aug. 6-11. In this case, the decision of the Committee on Appeals was released July 5 by Warren and posted on the synod's Web site, and it was released at a July 5 news conference at St. John Lutheran Church, Atlanta, the congregation Schmeling has served since 2000.
In the ELCA policy document "Vision and Expectations: Ordained Ministers in the ELCA," it states: "Single ordained ministers are expected to live a chaste life. Married ordained ministers are expected to live in fidelity to their spouses,
giving expression to sexual intimacy within a marriage relationship that is mutual, chaste, and faithful. Ordained ministers who are homosexual in their self-understanding are expected to abstain from homosexual sexual relationships."
Warren filed formal charges in 2006 against Schmeling after Schmeling reported to Warren that he was in a committed relationship with another man, a violation of the ELCA's clergy standards. Seven members of the 12-member discipline hearing
committee, which met Jan. 18-24 in Atlanta, voted to remove Schmeling from the ELCA clergy roster and stayed the effective date of his removal until Aug. 15. That committee issued its opinion Feb. 7.
In separate filings in March, Warren and Schmeling both appealed the decision of the discipline hearing committee.
The 12-member Committee on Appeals met here June 9-10 to consider the appeals. That committee voted 10-1, with one abstention, to remove Schmeling from the clergy roster. It voted 10-2 to reverse the discipline hearing committee's decision to
stay the effective date of Schmeling's removal from the roster until Aug. 15, and it voted 10-2 to remove Schmeling from the clergy roster on July 2.
The Committee on Appeals noted that the ELCA Constitution states that "the decision of the discipline hearing committee shall be final on the day it is issued by the committee," and that "nowhere in ELCA Constitution, Bylaws and Continuing
Resolutions is a discipline hearing committee authorized to stay its own decision."
"In this regard, the Committee on Appeals determines that the effective date of Pastor Schmeling's removal from the clergy roster of the ELCA ... should have been Feb. 7, 2007," the Committee on Appeals said.
The discipline hearing committee's written opinion said most of its members were concerned about certain language in ELCA clergy policy documents, and it made some specific suggestions for change. That opinion suggested synod assemblies ask the ELCA Churchwide Assembly to consider proposals for change.
The Committee on Appeals said its role, as well as that of a discipline hearing committee, is to serve as a judicial body, and that legislative authority to change policies is the responsibility of the ELCA Churchwide Assembly and the ELCA Church Council, which serves as the church's board of directors.
"Nothing in the ELCA Constitution, Bylaws and Continuing Resolutions allows a discipline hearing committee to make any particular recommendations to the egislative bodies of this church, urging them to take a specific policy action. By doing so in this case, the discipline hearing committee exceeded the authority granted to it by the ELCA Constitution," the Committee on Appeals said.
Responses to the Appeals Committee decision
In response to the decision, Warren posted a pastoral letter July 5 on the ELCA Southeastern Synod Web site. "My decision to seek Pastor Schmeling's removal from te ministry of this church was difficult because of my deep respect for the pastor and the congregation at St. John's, but the policy of this church is clear," he wote. "It was my responsibility as bishop of this synod to enforce the established standards of this church, particularly after the 2005 Churchwide Assembly decided that the church would not create a process for possible exceptions to existing behavior expectations for pastors. As this church continues prayerfully to consider the issue of clergy who are gay or lesbian and in committed relationships, both the synod and I will continue to work on finding ways to live together faithfully in the midst of our disagreements."
Schmeling and the St. John Lutheran Church congregation shared the news of the Committee on Appeals on July 3, Warren wrote. Warren said he and Schmeling talked by phone July 5. They agreed that Warren and synod staff will meet with the congregation council's executive committee and the St. John congregation in the coming weeks.
"Please remember all of us who are involved in this difficult and challenging process in your intercessory prayers," Warren's statement concluded.
"I'm deeply disappointed by the decision, although I'm not surprised," Shmeling said in a July 5 news release in response to the appeals committee ecision. "Change has always proven difficult for the church. I continue to hope that the church will be centered in God's message of love, compassion, and justice, rather than in the enforcement of discriminatory policies. The church can only resist the Holy Spirit for so long. In the meantime, I plan to continue to follow my call in ministry at St. John's and to pray for the day when all God's children are equally welcomed into the Lutheran church," he said.
John Ballew, president of St. John Lutheran Church, said in the congregation's news release: "We are going to go to (the) Churchwide Assembly in August, to witness to our ELCA the costs of this decision, based on an absurd policy. This is not just
about us and our wonderful pastor; this is about all those called to minister to God's people, who lead exemplary lives, who provide a model for faithful, loving companionship with each other and with Christ."
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The written decision of the ELCA Committee on Appeals is available from the ELCA Southeastern Synod at http://www.ELCA-ses.org/Hearing.htm on the Web.
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