As you read the information from President Kieschnick note that Kieschnick
has not sent out Schulz's reasons for suspending Benke. Kieschnick is putting
Schulz on trial in the media. It was Kieschnick who originally released all of
the information about LCMS pastors filing charged against Benke to the media
last fall.
The following Release is from The Lutheran Church--Missouri Synod Board for
Communication Services:
LCMSNews -- No. 38
July 12, 2002
Kieschnick calls on Schulz to reverse Benke suspension
By David L. Mahsman
Lutheran Church--Missouri Synod Second Vice President Wallace Schulz has
suspended Atlantic District President David Benke over his participation in a
post-Sept. 11 event at Yankee Stadium.
But Synod President Gerald Kieschnick says Schulz's action violates a
resolution adopted by last year's Synod convention. Kieschnick has written to
Schulz asking that his action be "altered or reversed."
Schulz placed Benke on suspended status June 25 in a case related to
Benke's participation in "A Prayer for America" last Sept. 23 at
Yankee Stadium. Benke offered a prayer at the event, which included
participation by Christian and non-Christian clergy, political leaders and
entertainers.
A Jan. 30 majority vote of the Synod's praesidium -- the president and five
vice presidents -- gave responsibility to Schulz for investigating charges
that had been brought against Benke by a number of LCMS pastors and
congregations. The complaints allege that Benke is guilty of a variety of
charges, including "unionism" and "syncretism."
Benke has asked that his case be heard and resolved, in effect appealing
the suspension. The process outlined in the Synod's Bylaws calls for a
three-member "Dispute Resolution Panel" to hear the case. The three
would be selected by blind draw from among a Synodwide pool of trained
"reconcilers" appointed by the districts.
There has been no indication how quickly a panel might be established.
Suspension means that Benke has been relieved of his district and Synod
duties, while he remains pastor of St. Peter Lutheran Church in Brooklyn. A
ruling in favor of Benke by the Dispute Resolution Panel would lift the
suspension. A ruling against him would lead to his removal from the Synod's
clergy roster unless a review panel were to reverse such a decision.
In a "Pastoral Letter to the Synod," Kieschnick wrote that he is
"hereby advising the Synod that I have no choice but to `call up for
review' Dr. Schulz's action of placing President David H. Benke on suspended
status for the purpose of requesting that his action be `altered or
reversed.'"
The letter was sent July 9 via e-mail to LCMS church workers, officials and
congregations. At the time that this LCMSNews release was sent, a printed
version was being prepared for mailing. It also is available on the Synod's
Website, http://www.lcms.org.
Kieschnick in his letter invokes a Synod bylaw (3.101, B, 5) that directs
the president to "call up for review any action by an individual officer
... which, in his view, may be in violation of the Constitution, Bylaws and
resolutions of the Synod ...."
Last year's Synod convention adopted a resolution (3-07A), that commends
"for continued use and guidance" two documents on church-fellowship
issues from the Commission on Theology and Church Relations and the late LCMS
President A.L. Barry. One includes a discussion of "cases of
discretion," stating in part, "Not every occasion where worship
takes place is necessarily a manifestation of church fellowship."
"Dr. Benke's decision to participate in the Yankee Stadium event was
made following consultation with his ecclesiastical supervisor and other
advisors, who provided counsel to him based on the Constitution of the Synod
and 2001 Resolution 3-07A," Kieschnick wrote.
"... Vice President Schulz has suspended President Benke without even
addressing the question of whether he has acted contrary to the doctrine and
practice of the Synod as presented in Resolution 3-07A. As an officer of the
Synod Dr. Schulz is bound to honor and uphold the resolutions of the Synod.
Accordingly, any decision which he might make regarding the suspension of an
LCMS pastor MUST be based on the understanding of what the Scriptures and the
Lutheran Confessions teach AS DETERMINED BY THE LUTHERAN CHURCH--MISSOURI
SYNOD IN ITS CONSTITUTION, BYLAWS AND SYNODICAL RESOLUTIONS," Kieschnick
wrote, adding the emphasis (where capitalized). "This he has not done in
his action of suspending President Benke."
Contacted at his home July 10, Schulz said that he has "no
response" to Kieschnick's letter.
Kieschnick is visiting the Atlantic District yesterday (July 11) and today
(July 12) to meet with Benke's congregation, as well as with the Atlantic
District Board of Directors and the board of regents, faculty and staff of
Concordia College, Bronxville, N.Y.
"The purpose of these meetings will be to encourage these members of
the Synod, to demonstrate evangelical, pastoral concern for them during this
stressful time, and to assure them of the love and support of the members of
the Synod and of the Council of Presidents, including the synodical
president," Kieschnick wrote in his letter to the Synod.
Atlantic District First Vice President Charles Froehlich, pastor of St.
Luke Lutheran Church, Dix Hill, N.Y., has taken up the district president's
responsibilities as a result of Benke's suspension.
In a letter to the people of the district, Froehlich wrote that he is
assuming the responsibilities "in full support of Dr. Benke's action,
with the expectation that the suspension will be removed and Dr. Benke will be
fully exonerated."
Froehlich's letter is posted on the district's Website, http://www.lcms.org