Lawsuit
Against Synod President Withdrawn
The
lawsuit filed on August 12, 2005, against LCMS President
Gerald Kieschnick, First Vice-President William Diekelman and,
nominally, the entire Lutheran Church-Missouri Synod has been
withdrawn with prejudice. This means that the
plaintiffs, a handful of LCMS pastors, commissioned ministers
and congregations, agree that they cannot bring the suit into
court again. In effect, they admit that the complaint had no
basis.
The lawsuit violated the position of The Lutheran
Church-Missouri Synod, as expressed in a 1991 document of the
Synod’s Commission on Theology and Church Relations (CTCR).
On the basis of I Corinthians 6:1-11, the CTCR states: “The
secular law and the secular court, which are established on
the basis of the wisdom of the world, are not in a position to
judge the fundamental spiritual issues which are always
involved.” Those who initiated the lawsuit in violation of
the Scriptures said they wanted to “save the LCMS.”
Instead, they generated legal fees in excess of
$200,000 that the Synod must pay—money that could have
funded mission opportunities or struggling churches.
An
Apology is Included
The withdrawal of the lawsuit includes an apology
from the plaintiffs. (The full text can be read on the LCMS
website.) President Kieschnick, Vice-President Diekelman and
Synod’s Board of Directors are poised to forgive all the
plaintiffs who sign the withdrawal agreement, in particular
for “pejorative” words contained in the original
complaint.
What is troubling is that accusations against the
President and the Synod continue unabated. If the 2004
synodical Convention broke the law, and Scripture is on their
side, why did plaintiffs withdraw the lawsuit? Their words
contradict their actions. The Vice-president of Consensus,
an organization that includes plaintiffs in the lawsuit,
states, “The hero in all this is actually the attorney for
the plaintiffs who is willing to have his clients express
regret for ‘pejorative words’ just to get President
Kieschnick to sign the agreement.”
As it has in the past, Consensus most likely
will publish a “United List” of candidates it supports for
election at the 2007 synodical Convention. Jesus First
encourages delegates to read the United List with discernment,
caution and reservation.
JJC