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).