Lutheran Concerns Association Sues President Kieschnick 
and Vice President Diekelman

In mid-August Lutheran Concerns Association filed a class-action lawsuit against The Lutheran Church-Missouri Synod (LCMS) President Rev. Gerald Kieschnick and First Vice-President Rev. William Diekelman.  Some 87 members of Synod (pastors, congregations, deaconesses and commissioned ministers) are listed as plaintiffs bringing suit in the name of Synod. The suit alleges fraud in permitting some electoral circuits to send delegates to the 2004 Synod Convention. It asks the court to throw out the election of Kieschnick and Diekelman, to order a new election and to overturn all Convention actions that limit the authority of Synod’s Board of Directors. Thus begins a new sad chapter in the deep-seated conflict in the LCMS that continues to divert funds and leadership time from the mission objectives and programs the Lord puts before us. This special issue of the Jesus First Newsletter is devoted to answering questions raised by the lawsuit and to providing larger perspective on the issues involved.

Law and the Life Cycle of the LCMS

The alleged fraud is President Kieschnick’s recognition of 176 Convention delegates (out of 1,246). The relevant rules are in Bylaw 3.03 of the 2001 Handbook, dealing with exceptions to the general criteria for electoral circuits. Such exceptions must be initiated by the Board of Directors of a district. In 2004, 27 of 35 districts made such requests, which the President of Synod granted, involving 88 circuits. The procedure is well established. In 2001 56 exceptions (112 delegates) were granted and 21 (42 delegates) in 1998.

The apparent assumption of the lawsuit is that those 176 delegates were not properly representative of the Synod and thus tipped voting toward results the plaintiffs are not willing to accept.

Actions of Synod’s Board of Directors

The idea for such a lawsuit first emerged at the November 18-19, 2004 meeting of the LCMS Board of Directors (BOD). The minutes of that meeting note that a pastor       requested the BOD to file suit in a Missouri court challenging the acceptance of those 176 delegates. This request came before the full board, which finally took no action. The initial vote of three board members suggests their readiness to endorse the lawsuit.

The February 24-25, 2005 BOD meeting readdressed the requested lawsuit, and a report of the Secretary of Synod produced the counts of “exceptional” delegates listed above. Minutes of the May 23-24, 2005 meeting note that a proposal was unanimously adopted denying the request to initiate a lawsuit against the President and others.

At that May meeting President Kieschnick released this statement, “My actions and decisions regarding the fulfillment of these duties and responsibilities followed the Bylaws of the Synod. These actions and decisions continued the time- honored history of our Synod, consistent with the process followed by past presidents, including my immediate predecessors.”

President Kieschnick also noted that his actions and decisions had been investigated by the Secretary and interim Chief Administrative Officer of the Synod and had been found to be in order. On the basis of this information the BOD voted unanimously to deny such a lawsuit.

Lutheran Concerns Association Files Suit

On July 27, 2005 Edwin Hinnefeld, Chairman-emeritus of Lutheran Concerns Association released a letter explaining their action in filing the lawsuit.

Hinnefeld notes that he and Attorney Robert Doggett met with President Kieschnick that morning and that President Kieschnick was very attentive, reminding them of their biblical responsibilities. That same afternoon Hinnefeld and Doggett met with a St. Louis law firm to begin preparation of the lawsuit, which was filed August 12. (The lawsuit may be viewed at jesusfirst.net where the names of the 87 plaintiffs are also listed.)

Lutheran Concerns Association is in a cooperative relationship with Consensus and its newsletter.

Mr. Hinnefeld explains in his letter that the case will take many months and in fact may not be resolved by the 2007 Convention. He also acknowledges that if the two sides reach an impasse this may mean that “At this point division may be the only answer.”

Taking Fellow Church Members to Court

Do members of the same LCMS fellowship really want to take this matter to the civil courts? As Paul says to the Corinthians, “Shame on you” (I Corinthians 6:5). His point is that Christians harm their witness when they use civil courts to settle internal problems.  “The fact that you have lawsuits among you means you have been completely defeated already” (v. 7).

Attorney Robert Doggett,  President of Lutheran Concerns Association, dismisses this rather clear biblical teaching as “the old Anabaptist legalistic heresy.”  He supports his view with a strange misreading of several references in the Book of Concord about how Christians are free to participate in civil government and court procedures. Clearly Doggett misses Paul’s point that using the courts to settle internal differences among Christians is such a shame because of what it says about our fellowship and our commitment to Gospel-centered relationships.

Flying in the Face of Reality

On a very practical level, the lawsuit flies in the face of at least four major realities:

·   Every synodical President since at least J. A. O. Preus has allowed electoral circuits that did not meet all normal criteria to send delegates to Conventions.

·   LCMS Bylaws clearly and explicitly authorize that action.

·   Established precedent strongly suggests that no court will ever hear, much less rule on, the issues presented by this suit.

·   If the suit does get to court, it won’t happen until after the 2007 Convention. There is almost no chance of getting any ruling before then.

Why Was This Suit Filed?

In one sense filing this lawsuit is simply the logical next step in a political fight for control of the LCMS that has intensified over half a century. Failing to win control of important synodical offices at the 2004 Convention, the plaintiffs and those they represent are employing an alternative means–the civil legal system–to achieve a political objective.  In this sense, it is simply a new sour-grapes tactic by a group unwilling to accept the decisions of Synod-in-Convention. Though the odds of success in court are tiny to nonexistent, the suit may create enough smoke to make some believe there is fire, laying groundwork for the next election cycle.

Symptomatic of Serious Illness

If that were all, it might be just politics as usual—bad  smelling, but not too serious.

It is much more, however. It is a symptom of a serious disease, a disease that has advanced to a critical stage.

Like people, every organization passes through a life cycle. Organizations are born, learn how to find their way in the world, pass through an awkward adolescence, mature into productive adults and develop diseases that can lead to death. One major difference from a human life cycle is that an organization near death can recover to grow again: death is not inevitable. Another is that one organization may play out its life in months while another can last for centuries.

What will be the life span of the LCMS?  C. F. W. Walther, first LCMS President, nurtured it in its formative years, deeply influencing  it with his teaching of Law and Gospel, church and ministry, the certainty of salvation in every heart and the duty of every Christian to bring souls to Christ. His Luther-like deference to “laypeople who come with Scripture in those hands” continues to this day. The Synod went on to survive adolescent problems about predestination and its German identity,  becoming a strong, growing and vigorous church body through the middle of the 20^th Century.

At the peak of adult vigor, however, a disease took root in the LCMS. Alongside the proper and necessary work of contending for the faith, that the Lord has once and for all entrusted to His people, came the bitter root of what Paul called “party spirit” or “faction.” Paul listed factionalism among the “works of the flesh” that war against the Spirit of God.

There were few symptoms at first, but necessary discussions and disputes about doctrine and practice more and more took on a personal and bitter tone. Ever since Walter A. Maier of the Lutheran Hour was attacked for “addressing non-Lutheran groups and praying with them,” certain vocal groups have taken onto themselves the mantel of truest protector of pure doctrine, contending for supremacy. Each year the pain has gotten a little worse. Today the LCMS is at a crisis point: either muster the strength to throw off this disease or succumb to it.

Four Major Symptoms

What are the symptoms of this disease? Most obvious is an absolutism that tolerates no understanding, opinion or point of view other than its own.  While the LCMS has always contended for the biblical Gospel (recognizing no definition of the Gospel that does not flow from and summarize the Scriptures, and also recognizing no interpretation of the Scriptures that does not carry that Gospel), it has not demanded uniformity on questions of practice, terminology and matters not taught in the Scriptures. Absolutism, masquerading as a defense of pure doctrine, does. It is based solely on Law, not Gospel, a distinction Lutherans should understand as it is fundamental to all truly Lutheran teaching.  With absolutism Christian freedom under the Gospel is denied.

This absolutism produces a very visible secondary symptom. Those infected with the disease fight a lot, even among themselves. While confessional unity is proclaimed, behavior shows no level of unity beyond opposition to others.  Unless one is a member of the faction, one’s claim of faith in and love for Jesus Christ is considered suspect. The divisive effects of living by Law are evident.

A third major symptom is justifying any means that leads to a desired end. Legalistic factionalism evaluates all questions and issues in terms of their benefit to the faction. The lawsuit against Kieschnick and Diekelman—despite Paul’s clear prohibition—shows the extent to which an end—gaining political control of the LCMS—now justifies any available means.

This third symptom was visible at the 2004 LCMS Convention. Though loudly demanding that congregations bar women from any office that might exercise authority over men, Lutherans United (formed and financed by Lutheran Concerns Association) nominated, supported and succeeded in electing a woman to Synod’s Board of Directors.  The justification: she is a reliable vote on that critical and deeply divided board.  Principle easily gives way when an end—control—drives all decisions. Any means to achieve control is justified, even a means the disease carriers themselves claim is prohibited by Scripture!

The fourth and worst symptom is seeking legal recourse through civil courts. This is true of any organization but especially so for a church body.  It is an admission that those members have given up on the fellowship and  will attack even its basic values.

This infection almost overcame Synod’s  Board of Directors itself.   In the same November 18-19 meeting where three members wanted to endorse the present lawsuit against Synod’s President, the BOD seriously considered seeking legal remedy to clarify its own board authority.  Only by a vote of 9 to 5 did the board dismiss this formal resolution.  Yes, five board members wanted to sue Synod itself.

The intent was to overturn the 2004 Convention action which clarified that final authority in Synod rests with the Convention.  In a carefully constructed 700-word statement with thirteen “whereases” the resolution they wanted to adopt was “That the Board of Directors seek legal remedy through the courts of the State of Missouri to clarify its authority.”

What kind of understanding of  churchmanship, let alone basic institutional responsibility, does this minority that voted to sue Synod have?  They are supposed to protect Synod, not attack it. What have they contributed to the infection that now appears in the lawsuit against the President and Vice-President of Synod?

Is the LCMS Terminal?

The terminal stage of the disease is easily described: Control the organization or kill it. The lawsuit announcement by Lutheran Concerns Association says splitting Synod “may be the only answer” if control eludes the plaintiffs. Killing the LCMS has become an acceptable option to them. Our church body may be in the end-stages of life. Will it succumb?

As with many serious diseases, any cure is likely to be painful and recovery slow.  After decades of increasing infection, the LCMS has aged and declined in many areas. The body is not as vigorous or healthy as it should be to survive this crisis, but it is not yet dead. There is hope.

President Kieschnick proposed and the 2004 Convention adopted one medicine – ABLAZE!  Setting a goal of reaching 100 million people with the Gospel battles the disease by focusing the church on its core mission—telling others the good news of Jesus Christ. Adding other Gospel-centered medications will be critical if our church body is to return to health. The Gospel is the message of healing. Many congregations have responded eagerly to the ABLAZE! prescription, but unfortunately in those corners of the church where the disease is most advanced it has largely been refused.

What Can You Do?

Don’t Let Your Church Be Shamed!

“This in front of unbelievers!” So the Apostle Paul would say to all members of The Lutheran Church—Missouri Synod if we tolerate the filing of a civil lawsuit against our President and Vice-President by members of our church fellowship.

We are supposed to be committed to the Gospel-centered relationships Christ urges on his church. Going to civil court is the ultimate in admitting that legalism has defeated the Gospel. Shame on us if we let a fundamental value of a Christian fellowship be trashed in public.

Not In My Church Body!

There are indeed many deep divisions in our Synod, reflecting different understandings of doctrinal applications. Let there be no difference, though, in insisting on resolution of conflicts through Gospel-oriented means and in demanding that we work together where there are differences.

Unfortunately too many congregations and church leaders want to sit on the sidelines in the face of such synodical conflict. The 2004 Convention voted by two-thirds to amend the Constitution to clarify historic understandings of authority in Synod. When congregations were asked to ratify this clarification, almost half the our churches abstained entirely and did not cast a vote one way or the other.

The present crisis of legalism is much more than a fight over authority. It is a reflection of how far a serious disease has spread in our church body.

Do something to fight for the health of the Missouri Synod!

So what can we do about our gravely ill church body?  We can jointly help rid the body of disease in the following ways:

1. Urge the leaders of Lutheran Concerns Association to withdraw the lawsuit before it further damages the witness and future of the LCMS. (5809 Ropes Drive, Cincinnati, OH 45244)

2.  Speak to the 87 LCMS members who filed this class action suit.  (See lawsuit at jesusfirst.net).

3.  Urge all who associate themselves with Lutheran Concerns Association to condemn this action.

4.  Encourage your District President in his pastoral task of confronting the carriers of the disease with the Law (“You are the man!”) and the sweet Gospel (“Your sins are forgiven!”).

5.  Urge Synod’s Board of Directors to disavow and condemn this lawsuit as the expression of disease that it is. (1333 S. Kirkwood Road, St. Louis, MO 63122-7295 or www.lcms.org)

6.  Encourage President Kieschnick and Vice-President Diekelman to continue to apply Gospel-centered medicine until this disease is eradicated from the LCMS. (1333 S. Kirkwood Road, St. Louis, MO 63122-7295 or http://www.lcms.org)

7.   Pray for all leaders of The Lutheran Church-Missouri Synod.

8.   Elect delegates to the next conventions who will vote for a healthy synod.

The fever is high. The crisis moment is here. A strong Gospel application can yet cure the infection —if the patient will receive it.