Reverend Wallace Schulz
  Second Vice-President
  Lutheran Church–Missouri Synod
  1 Timothy 3:16-"By common confession, great is
  the mystery of godliness: He who was revealed in the flesh, Was vindicated in
  the Spirit, Seen by angels, Proclaimed among the nations, Believed on in the
  world, Taken up in glory."
  June 25, 2002
  Dr. David Benke, President
  Atlantic District, LC-MS
  171 White Plains Road
  Bronxville, NY
  Dear President Benke,
  "Now these were more noble-minded than those in Thessalonica, for they
  received the Word with great eagerness, examining the Scriptures daily, to see
  whether these things were so" (Acts 17:11).
  I have spent many, many hours studying the allegations the 21 complainants
  have placed against you. I have sought to find the most God-pleasing answer to
  this case. In all of this I realize we in the LCMS have our own rules for
  living and working together. Since we have sworn to uphold the Constitution
  and By-laws of our Synod, these dare not be looked at lightly. At the same
  time, I have tried to use the Scriptures as the final guide in adjudicating
  this case.
  I realize that President Kieschnick authorized you to participate in the
  Yankee Stadium interfaith service. However, each of us as Christians, and as
  clergymen, is responsible for our own actions. Therefore, as you read this
  report, I simply appeal to you, as a brother in Christ, to examine the
  Scriptures in light of your participation in the interfaith service at Yankee
  Stadium.
  May God's living Word and Spirit enable and empower all of us to resolve
  this case in such a way that we will not be ashamed on the Final Day. For to
  Him alone is due all honor and glory.
  "For our citizenship is in heaven, from which also we eagerly wait for
  a Savior, the Lord Jesus Christ; who will transform the body of our humble
  state into conformity with the body of His glory, by the exertion of the power
  that He has even to subject all things to Himself (Philippians 3:20-21).
  Kindest Personal Regards in Christ,
  Rev. Wallace Schulz
  
  A "WRITTEN STATEMENT OF THE MATTER IN DISPUTE":
  ADJUDICATION OF ALLEGATIONS AGAINST THE REV. DR. DAVID BENKE, PRESIDENT OF THE
  ATLANTIC DISTRICT OF THE LCMS
  JUNE 25, 2002
  REASON FOR THIS REPORT
  As required by the Handbook of The Lutheran Church-Missouri Synod, the
  following is a "written statement of the matter in dispute"
  involving the allegations placed against The Rev. Dr. David Benke following
  his participation in an "interfaith service" at Yankee Stadium on
  September 23, 2001.
  This "written statement" is part of the adjudication process
  carried out by LCMS Second Vice-President The Rev. Wallace Schulz. Since the
  LCMS Handbook specifically states in Bylaw 2.27.c.1. that the adjudicator (and
  not a committee) is to "prepare a written statement of the matter in
  dispute;" the first person "I" is frequently employed.
  KEY EVENTS FROM SEPTEMBER 11, 2001 TO JANUARY 30,2002
  September 11, 2001: On the morning of September 11, 2001, two airplanes
  crashed into the New York World Trade Center towers killing nearly three
  thousand people.
  September 20, 2001: Nine days after the World Trade Center towers were
  destroyed, New York City Mayor Rudy Giuliani issued a press release inviting
  "families and colleagues of the victims of the World Trade Center"
  to be part of "A Prayer for America," an "interfaith
  service."
  September 23, 2001: After conferring with LCMS President Kieschnick and
  receiving his approval, LCMS Atlantic District President David Benke
  participates in the interfaith service held in Yankee Stadium at 2:30 p.m.
  October 22, 2001: The Rev. Joel Baseley of Dearborn, Michigan files
  allegations against President David Benke for his participation in the
  interfaith service at Yankee Stadium.
  November 12, 2001: LCMS Pastors Rev. Charles Froh, Rev. Walter Otten, Rev.
  Joel Brondos, Rev. Brent Kuhlman, and Rev. Todd Peperkorn file a "formal
  complaint according to Synodical Bylaw 2.27 against Rev. David Benke."
  November 28, 2001; LCMS Pastors Rev. James Bauer, Rev. John Berg, Rev.
  Dennis Brech, Rev. Daniel Bremer, Rev. Clark Brown, Rev. Eric Christiansen,
  Rev. James Dahlke, Rev. Gene Holtorf, Rev. Donald Hunter, Rev. Dean Kavouras,
  Rev. Michael McCoy, and Rev. Robert Wurst " bring the charge of
  unrepentant syncretism against . The Rev. David Benke, President of The
  Atlantic District of The Lutheran Church-Missouri Synod."
  December 16, 2001: Our Savior Lutheran Church, Pagosa Springs, Colorado
  "brings formal charges against Rev. David H. Benke.."
  January 28, 2002: Lamb of God Lutheran Church, Pleasant Prairie, Wisconsin
  lodges "Charges Against Atlantic President David Benke for Willfully
  Violating the Second Commandment."
  January 30, 2002: LCMS Praesidium assigns the responsibility of
  adjudicating the allegations against President Benke to Second Vice-President,
  The Rev. Wallace Schulz.
  March 10, 2002: Christ Lutheran Church, Sioux Falls, South Dakota
  "voted unanimously to bring formal charges against The Reverend Dr. David
  H. Benke.."
  WHAT IS CALLED FOR IN THIS REPORT:
  THE SPECIFIC RESPONSIBILITIES OUTLINED IN THE LCMS HANDBOOK
  On January 30, 2002, I, Rev. Wallace Schulz received from the LCMS
  Praesidium the responsibility of adjudicating the Benke case on the basis of
  Synod's Handbook. The 2001 Handbook lists the following responsibilities on
  pp. 26-27:
  
    - "Thoroughly investigate whether allegations can be
      substantiated"
 
    - "follow guidelines of Matt. 18:15-16"
 
    - "If . concludes that the facts form a basis for expulsions of the
      member . prepare a written statement of the matter in dispute which sets
      forth the alleged facts.."
 
  
  Even though the LCMS Handbook lists "investigating whether the
  allegations can be substantiated" before "follow guidelines of Matt.
  18:15-16," this report will take up Matthew 18 first, to show that
  attempts at reconciliation took precedence in the process. Correspondence
  between President Benke and The Rev. Wallace Schulz shows President Benke
  insisting that, since the Handbook lists "investigating" the matter
  before using Matthew 18, the investigation must therefore be completed before
  Matthew 18 could be carried out. This became quite a point of contention. On
  May 20, 2002, the Commission on Constitutional Matters ruled that the
  investigation did not have to be completed before the Matthew 18
  reconciliation meeting took place.
  In order to "thoroughly investigate" the Benke/Yankee Stadium
  matter, as stipulated by The Lutheran Church-Missouri Synod Handbook, I first
  checked with the office of the President of Synod to make sure I had copies of
  all allegations against President Benke. I then obtained from C-Span the two
  tapes of the entire September 23 Yankee Stadium event.
  I, Rev. Wallace Schulz, have viewed several times the C-Span tape of the
  September 23 Yankee Stadium "interfaith service"; I have read and
  reread the six sets of allegations by the 21 complainants. I have read
  carefully and studied President Benke's 30-page response on the Atlantic
  District web site to the allegations against him. I have also studied the CTCR
  document used by President Kieschnick to authorize President Benke's
  participation in the Sept. 23 event. Finally, following the Handbook's charge
  to "fully investigate" the matter, I looked at any and all available
  information related to the matter.
  In this life we live with a humanly-devised church polity. As Dr. Herman
  Sasse states in The Lonely Way, page 143, "Lutheranism is the only great
  Christian confession which knows of no particular external order as being of
  the essence of the church." Therefore, in situations such as the
  "Benke/Yankee Stadium" case, we must make absolutely certain that
  the human guidelines we work with (including all matters of Constitution and
  Bylaws) are clearly perceived by the greater church to flow naturally from the
  pure and true Word and will of God.
  Our Constitution and Bylaws are important. But these are God-pleasing only
  when their connection to His Word can be easily and compellingly seen by all
  who examine the procedure of adjudication in the Benke case. This is to say
  that ultimately, this case has been adjudicated, not on the basis of man's
  opinions, but on God's clear Word.
  SUMMARY OF THE ALLEGATIONS
  Of the six sets of allegations from the 21 complainants, five allegations
  state President Benke is guilty of syncretism; five allegations say President
  Benke violated the synodical Constitution and Bylaws; four allegations state
  President Benke is guilty of unionism; and three allegations accuse President
  Benke of violating the First Commandment; there are also two allegations that
  Pastor Benke violated the Second Commandment; and, two allegations that
  President Benke publicly defended false doctrine.
  As adjudicator of the allegations against President Benke, I, Rev. Wallace
  Schulz, read and re-read the allegations carefully.
  SYNCRETISM
  The most often-cited allegation raised by the complainants against President
  Benke is that he is guilty of syncretism. The Encarta World English
  Dictionary, 1999 edition, defines syncretism as the attempted combination of
  different systems of philosophical or religious belief or practice. When New
  York City Mayor Giuliani called for the Yankee Stadium interfaith service in
  his press release, he clearly stated his intention to bring together various
  religions from the New York City area. Pastor Benke participated in this
  bringing together of various religions. Thus, the allegation of syncretism is
  substantiated in fact since, regarding the worship service at Yankee Stadium,
  Pastor Benke himself, as late as April 2002, said, "Clearly the event was
  syncretistic."
  VIOLATION OF THE LCMS CONSTITUTION AND BYLAWS
  The second most frequent charge is that President Benke violated the LCMS
  Constitution and Bylaws. This charge is also substantiated in fact. Article VI
  of the LCMS Constitution states that "conditions for acquiring and
  holding membership in Synod" include "renunciation of unionism and
  syncretism of every description." This is an especially serious violation
  since, as already noted, Pastor Benke openly admits that the Yankee Stadium
  event was "clearly . syncretistic."
  The substantiated allegation of syncretism, not just in the eyes of the
  church, but primarily in the eyes of God, is so serious that additional
  allegations would be totally unnecessary to warrant President Benke's removal
  from membership in The Lutheran Church-Missouri Synod.
  UNIONISM
  Four sets of allegations also accuse President Benke of "unionism."
  Syncretism and unionism are different. Syncretism deals with the relationship
  of Christians with pagan religions. Unionism deals with the bringing together
  of Christian groups/denominations who preach and teach different doctrines.
  The allegations against Pastor Benke regarding unionism therefore flow from
  his worshipping together with those who deny the Bible-based Lutheran
  teachings of regenerative baptism, the real presence in Holy Communion,
  justification by grace through faith, etc. Representing these anti-Lutheran
  teachings at Yankee Stadium were one Methodist, one Reformed, two Roman
  Catholics, one Episcopalian, one Armenian, and one Greek Orthodox.
  While the LCMS has always considered the above denominations to be
  Christian,1 we have also always believed it to be
  most God-pleasing not to worship with those with whom we have basic
  differences in doctrine,2 especially in the basic
  doctrines Jesus taught and the doctrines He has commanded us to maintain and
  to proclaim. Although he may not have intended this, Pastor's Benke's
  worshipping with a wide variety of Protestants at Yankee Stadium gave the
  public impression that the LCMS and American Protestantism agree on all basic
  doctrines of the Christian faith. This is not only a denial of our confession,
  it is also a denial of what Christ has commanded us to teach.3
  Furthermore, such a confused public witness displays a lack of integrity,
  something that other denominations and even the secular world deplores.
  Therefore, since our LCMS Constitution clearly states in Article VI that
  unionism of "every description" be renounced and, since Pastor Benke
  dearly and publicly worshipped with those who deny, and even teach against,
  Bible-based Lutheran teachings which come directly from Christ Himself, the
  serious allegation against President Benke of unionism is substantiated in
  fact.
  FIRST COMMANDMENT
  Three allegations against Pastor Benke deal with his alleged violation of the
  First Commandment.
  By President Benke's joining with other pagan clerics in an interfaith
  service (no matter what the intent might have been), a crystal clear signal
  was given to others at the event and to thousands more watching by C-Span. The
  signal was: While there maybe differences as to how people worship or pray, in
  the end, all religions pray to the same God.
  To participate with pagans in an interfaith service and, additionally, to
  give the impression that there might be more than one God, is an extremely
  serious offense against the God of the Bible. In his explanation to the First
  Commandment in his Large Catechism Martin Luther writes, "Although these
  words are related to all the commandments, as we shall learn later, yet they
  are joined to the chief commandment because it is of first importance that a
  man's head be right." In other words, violation of the First Commandment
  is very serious since the First Commandment is the foundation of all other
  commandments. The allegations of the complainants in this case are
  substantiated in fact.
  SECOND COMMANDMENT
  Two sets of allegations assert that Pastor Benke violated God's Second
  Commandment. For example, allegations from Lamb of God Lutheran Church state
  that President Benke willfully violated the Second Commandment, in that his
  participation in the interfaith services has "confused the faithful and
  pagan alike, thus deceiving in the name of God." Whether or not Pastor
  Benke intended to "deceive" by using God's name in a worship service
  with pagans is not the point. Letters from those who observed the service
  certainly clearly reflect this deception and violation of the Second
  Commandment. In discussing this same allegation of violating the Second
  Commandment, Pastor Baseley writes that Pastor Benke's "acts could not
  have been of the Spirit because they were a sin against the Second
  Commandment. Instead of keeping God's name sacred and separate from every
  other name, it was made common as it was dragged to the level of Allah."
  Therefore, the allegations that President Benke broke the Second Commandment
  are substantiated in fact.
  DEFENDED FALSE DOCTRINE
  The final allegation of two parties is that President Benke defended false
  doctrine. This statement is meant to say that, once he had participated in an
  interfaith service and, even after he had begun to be admonished. Pastor Benke
  continued to defend his sinful actions. The allegation of the complainants is
  substantiated in fact, especially from information President Benke has
  provided to the public via the Atlantic District web site.
  SERIOUS ALLEGATIONS IN GOD'S EYES
  The above listed allegations are serious, not only in man's eyes, but
  especially in the God's eyes. And I, Rev. Wallace Schulz, in stating that the
  above allegations of the complainants are substantiated in fact, realize that,
  I too, will someday be judged by God regarding my faithfulness in carrying out
  my responsibility in judging this case fairly and in a God-pleasing way (2
  Corinthians 5:10).4 In other words, I regard this
  task of adjudication as a very serious matter in the sight of God. This
  adjudication procedure dare not be seen as little more than a secular court
  case. While there are certainly facts to weigh and judgments to be made, God's
  Word and Spirit must be considered as the final authority in resolving this
  issue. The Word and Spirit must be called on by all parties. This is why
  significant efforts were expended to try to get the complainants and Pastor
  Benke together in an attempt to reconcile the matter, as the Handbook
  stipulates and as God expects His children to do-settle their differences as
  directed in Matthew 18.
  CONCLUSION
  Therefore, after thoroughly investigating this case on the basis of the
  allegations of the complainants, and especially, on the basis of God's
  revealed will I, Rev. Wallace Schulz, find the above allegations of the
  complainants to be substantiated, and that the facts form the basis for
  expulsion of The Rev. David H. Benke under Article XIII of the Constitution of
  the Synod.
  In carrying out my responsibilities in adjudicating this case, one element
  made this case especially complicated-the role of the synodical President. The
  Synod in convention gives the President of Synod enormous power and
  responsibility, including the ecclesiastical supervision of District
  Presidents. In this case, the President of the Synod gave permission to Pastor
  Benke to pray at Yankee Stadium. At the same time, however, every Christian
  and especially every clergyman is finally responsible for his own actions. I
  have found President Benke's actions to be contrary to the confession laid
  down in Article II of the Constitution, namely, the Holy Scriptures and the
  Lutheran Confessions, and to the conditions of membership laid down in Article
  VI.
  At this point. President Benke, I address you personally and as a brother
  in Christ.
  Even though complainants have asked for your direct and immediate removal
  from membership in the Synod, I am asking you, President Benke, on the basis
  of the Word of God, to rethink what you have done. I do this because, even
  though someone else may permit/authorize, or even command you to do something,
  you are still accountable for your own actions (Acts 5:29).
  As adjudicator of this case, in brotherly love and admonition, I appeal to
  you, President Benke, please make a sincere apology to our Lord, to all
  members of The Lutheran Church-Missouri Synod, and to all Christians who are
  part of Christ's Body. Joining in prayer with pagan clerics in Yankee Stadium
  was an offense both to God and to all Christians.
  This is not a call for you to merely return to a parochial practice of the
  LCMS. This is a call to return to the practice of Bible-based historic
  Christianity.
  If you refuse to sincerely apologize for your actions at Yankee Stadium on
  September 23, 2001, you are herewith informed of your suspended status
  according to Bylaw 2.25 of the Synod.
  I remind you that you will have 15 days from the date of receipt of this
  statement of the case to advise the Secretary of the Synod that there is a
  desire to have the matter heard and resolved by a Dispute Resolution Panel.
  Failure to provide such a written request within the 15-day period will be
  deemed to be consent to termination of membership in the Synod. In Christ,
  The Rev, Wallace Schulz
  Second Vice President
  The Lutheran Church–Missouri Synod
  June 25, 2002
  1 Pieper. Christian Dogmatics, vol 3, page 383
  2 "For there still exists between the
  'Evangelical Lutheran Church' and the 'Church Reformed according to God's
  Word' a deep divide regarding the doctrines of justification and
  predestination; regarding the Holy Scriptures and the relationship between law
  and Gospel; regarding the Sacrament of the Altar, the office of the ministry,
  and the organization [Verfassung] of the church." Sasse, Herman, The
  Lonely Way; Selected Essays and Letters, vol. 1. pp. 264-4; Concordia
  Publishing House, 2002.
  3 All too often in our zeal to do evangelism and
  outreach we forget the clear command that Christ included in the great
  commission, as underlined; 19 "Go therefore and make disciples of all the
  nations, baptizing them in the name of the Father and the Son and the Holy
  Spirit, teaching them to observe all that I commanded you: and lo, I am with
  you always, even to the end of the age."
  4 In his book. Follow Me: Discipleship According
  To Saint Matthew, Martin Franzmann describes this responsibility when he
  writes: "The relationship of the disciple remains a consciously personal
  and responsible one. His life is one of action, not of contemplation. And the
  action is under the tension of responsibility to a Lord who will come again in
  glory to judge both the quick and the dead: 'The Son of man is to come with
  His angels in the glory of His Father and then He will repay every man for
  what he has done'" (Matthew 16:27).