From legal to legislative endeavor.

Well, obviously I've broken the rhythm of my new posting initiative. In my defense, I've been quite consumed writing new resolutions in light of the decision in the ecclesiastical trial of Pr. Bradley Schmeling of the ELCA (the Lutheran denomination to which I belong). While the annual release of resolution templates for use across the 65 synods (regional authorities) of the ELCA is always a joy, this year it is quite a complex experience, because I am now working in both the judicial and legislative aspects of eliminating the ELCA's policy of discrimination against people in same-gender relationships. So below is what I believe to be one of the smoothest resolutions I've ever written (if you, dear reader, permit a moment of self-pleasedness). This and other templates are being pursued across the ELCA by our allies - an amazing pursuit of a more just church.

A MEMORIAL TO RESPOND TO THE DECISION OF THE DISCIPLINE HEARING COMMITTEE

WHEREAS, the 2005 ELCA Churchwide Assembly urged every part of the ELCA to “concentrate on finding ways to live together faithfully in the midst of disagreements, recognizing the God-given mission and communion that we share as members of the body of Christ”; and

WHEREAS, the discipline hearing committee constituted to consider charges against Pr. Bradley E. Schmeling suggested that synod assemblies memorialize the 2007 Churchwide Assembly to request that the Committee on Appeals reconsider and revise the document Definitions and Guidelines for Discipline and that the appropriate churchwide unit reconsider and revise the document Vision and Expectations and the policy on reinstatement to the rosters of this church (Decision of the Discipline Hearing Committee, p. 13); and

WHEREAS, if permitted to decide the case only under the standards in chapters 7 and 20 of the ELCA Constitution, the discipline hearing committee “would find almost unanimously that Pastor Schmeling is not engaged in conduct that is incompatible with the ministerial office, and would find with near unanimity that no discipline of any sort should be imposed against him” (Decision of the Discipline Hearing Committee, p. 12); and

WHEREAS, Definitions and Guidelines may be amended by the Committee on Appeals, subject to approval by the Church Council, while Vision and Expectations and the policy on reinstatement to the rosters of the church may be amended by the Vocation and Education unit, with review by the Conference of Bishops and adoption by the Church Council (in accordance with ELCA bylaws 7.31.11., 7.31.13.f., 7.31.15., 7.51.03.b., 7.52.13., 20.71.11., and 20.71.12. and continuing resolution 16.12.C05.d.2); and

WHEREAS, the Churchwide Assembly, as the highest legislative authority of the ELCA, can “request or direct” that the steps be taken for the development by the Committee on Appeals and adoption by the Church Council of an amendment to Definitions and Guidelines for Discipline; and for the development by the appropriate churchwide unit, review by the Conference of Bishops, and adoption by the Church Council of an amendment to Vision and Expectations (ELCA Church Council, Minutes of April 9-11, 2006, p. 90, explanation by Secretary Almen): now, therefore, be it

RESOLVED, that this Synod Assembly submit the following memorial for consideration by the 2007 ELCA Churchwide Assembly:

RESOLVED, that the 2007 ELCA Churchwide Assembly direct the Committee on Appeals to develop an amendment to the definitions and guidelines established under ELCA bylaws 20.71.11. and 20.71.12. that removes provisions precluding “practicing homosexual persons” from the rosters of this church; and be it further

RESOLVED, that this Churchwide Assembly direct the Vocation and Education unit, in consultation with the Conference of Bishops, to develop an amendment to the policies established under ELCA bylaws 7.31.11., 7.31.13., and 7.51.03.b. that removes provisions requiring persons who are “homosexual in their self-understanding” to “abstain from homosexual sexual relationships”; and be it further

RESOLVED, that this Churchwide Assembly direct the Vocation and Education unit, in consultation with the Conference of Bishops, to develop an amendment to the policies established under ELCA bylaws 7.31.15. and 7.52.13. that permits the reinstatement to the rosters of this church, without the usual requirement of five consecutive years without call, of persons who have resigned or been removed from the rosters solely because they are in a mutual, chaste, and faithful committed same-gender relationship; and be it finally

RESOLVED, that this Churchwide Assembly direct the Church Council to take the necessary steps to amend the definitions and guidelines established under bylaws 20.71.11. and 20.71.12., the policies established under bylaws 7.31.11., 7.31.13., and 7.51.03.b., and the policies established under bylaws 7.31.15. and 7.52.13. in conformity to the preceding directions to the Committee on Appeals and Vocation and Education unit.