Official Workbook report source text
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- Report number/id
- R62.12
- Report title
- R62.12 President of Synod Request for Opinion on Lawsuits between Christians or Members and Institutions of Synod (2025)
- Workbook start page
- 271
- Workbook end page
- 273
- Source pages
- 271, 272, 273
- Source status
- source_checked
- Committee
- Not available
R62.12 2026 Convention Workbook 272 THEOLOGICAL DOCUMENTS —COMMISSION ON THEOLOGY AND CHURCH RELATIONS 5 1 The left-hand, institutional dimension of the church will inevitably take different shapes in 2 different societies. The institutional church will almost certainly have different rights and 3 responsibilities under different governments and correspondingly act in different ways based 4 upon those rights and responsibilities. But the church will always have a left-hand component, 5 precisely because it lives in the world and is subject to governing authorities (cf. Romans 13; 1 6 Peter 2-3). 7 8 This does not mean Christian churches and/or institutions simply abdicate all left-hand matters to 9 the civil government. They actively participate in that left-hand realm, whether that means 10 advocating for specific legal or political issues, involving itself as far as possible in the legal and 11 political process, seeking certification for its higher education institutions, parochial schools and 12 teachers, among many other such activities. That may mean filing suit over matters such as 13 religious freedom. It may involve supporting other Christian institutions or entities in their own 14 legal battles against injustice. It may also involve entering into suit against those who may be 15 fellow Christians. As a matter of fact, the Commission believes, it frankly may be irresponsible 16 and unethical for the church not to do so in certain egregious cases. Imagine a scenario where a 17 Missouri Synod congregation knew of sexual abuse allegations against a pastor or member, yet 18 instead of reporting those to the authorities, sought to oversee the case itself. Likewise, imagine a 19 case of mental illness or domestic abuse that a congregation sought to adjudicate itself rather 20 than referring the parties to appropriate healthcare or psychiatric professionals. The damage 21 cases like this might bring upon the church legally, politically, and monetarily would be 22 extensive, let alone to the reputation and witness of that church in the community. That is to say 23 nothing of the real victims in such cases—victims who may have been protected physically and 24 emotionally by duly instituted laws and law enforcement to which the church may have appealed 25 for aid. 26 27 Sixth, and finally, the Lutheran Confessions commend authorities and institutions of the 28 civil realm, such as courts of law, as divine institutions which may be used profitably by the 29 church. Augsburg Confession 16 says: 30 31 Concerning public order and secular government it is taught that all political authority, 32 orderly government, laws, and good order in the world are created and instituted by God 33 and that Christians may without sin exercise political authority; be princes and judges; 34 pass sentences and administer justice according to imperial and other existing laws; 35 punish evildoers with the sword; wage just wars; serve as soldiers; buy and sell; take 36 required oaths; possess property; be married.”1 37 38 The confessions repeat the fundamental legitimacy of civil institutions again in the Apology of 39 the Augsburg Confession: “It is permissible for Christians to use civil ordinances, just as they 40 use the air, light, food, and drink. For as this universe and the fixed movements of the stars are 41 truly orders of God and are preserved by God, so legitimate governments are truly orders of God 42 and are preserved and defended by God against the devil” (Ap 8.49).2 Likewise, in its 43 1 Robert Kolb and Timothy J. Wengert, The Book of Concord: The Confessions of the Evangelical Lutheran Church (Minneapolis, MN: Fortress Press, 2000), 48. 2 Kolb-Wengert, 183. 6 condemnation of the errors of the Anabaptists, the Formula of Concord defends the Christian 1 appeal to civil government for the enforcement of secular laws. It identifies as intolerable the 2 opinion “that a Christian may not make use of the functions of government against the wicked in 3 appropriate situations, nor may the subjects of the government call upon it to use the power it 4 possesses and has been given by God for protection and defense” (FC Epitome 12.14).3 5 6 Elsewhere the Apology forbids “private redress,” or taking matters into one’s own hand in order 7 to exact revenge. Yet it accords a positive place to “public redress”: “Public redress, which is 8 made through the office of the judge, is not forbidden but is commanded and is a work of God 9 according to Paul in Romans 13. Now the different kinds of public redress include judicial 10 decisions, punishment, wars, and military service.” (Ap 16.7) 4 The sixteenth-century reformers 11 were presented with any number of legal, political, and military challenges to their view of the 12 gospel and their reform of churches—Luther’s excommunication and the imperial edict against 13 Luther’s writings and teachings in 1521, the emperor’s rejection of the Augsburg Confession in 14 1530, the Schmalkaldic War of the 1540s—mostly in conflict with fellow baptized Christians. 15 Likewise, St. Paul himself appealed to his status as a Roman citizen (Acts 16: 37-39; Acts 22:25-16 29) as a means to protect himself against unlawful prosecution. The reformers, with Paul, 17 believed Christians could make use of these legitimate civil institutions, including the judges and 18 laws of the first-century Roman Empire or the sixteenth-century Holy Roman Empire, to protest 19 unjust measures, to defend life and property, and to provide free course for the proclamation of 20 the gospel. 21 22 Summary 23 24 In light of what has been said regarding the focus and purpose of 1 Corinthians 6, as well as its 25 relationship to the legal context in which we live, it is the opinion of the Commission that 1 26 Corinthians 6 does not categorically prohibit the Christian use of the legal system or the 27 Christian filing of lawsuits against fellow believers. 1 Corinthians 6 strongly opposes lawsuits 28 between individual believers or groups of believers that could otherwise be resolved through 29 mediation of the congregation or larger church. This counsel should be followed, not the least 30 through the church’s own processes for resolving disputes. However, Christians may avail 31 themselves of secular courts in cases against other Christians, ideally after all other 32 congregational and ecclesiastical options have been exhausted. This is all the more pertinent and 33 applicable for institutions and agencies of the church, which are left-hand expressions of the 34 church and are subject to left-hand laws and regulations (fiscal, political, legal, etc). Ultimately, 35 the Commission does not categorically endorse or encourage Christian participation in lawsuits 36 against other Christians, nor does it wish to ignore the clear warnings of St. Paul in 1 Corinthians 37 6. However, we do acknowledge that, like many instruments of the civil, left-hand realm that are 38 capitulations to sin—war, divorce, the criminal justice system, civil government itself—the use 39 of the courts by Christians and against Christians is a sad reality, yet a reality nonetheless that 40 must be used at times, with all due self-examination and restraint. 41 42 Adopted by the Commission on Theology and Church Relations 43 February 28, 2025 44 3 Kolb-Wengert, 521. 4 Kolb-Wengert, 232. 2026 Convention Workbook 273 THEOLOGICAL DOCUMENTS —COMMISSION ON THEOLOGY AND CHURCH RELATIONS CTCR Opinion on Admission to Seminary for Divorced Men The Rev. Dr. Brian Saunders, Chairman of the Commission on Theology and Church Relations (CTCR), received correspondence dated November 11, 2024 from Mr. Mark O. Stern on behalf of the Boards of Regents of Concordia Seminary and Concordia Theological Seminary. The correspondence concerned The Lutheran Church—Missouri Synod (LCMS) 2023 Convention Omnibus Resolution A, Overture 6-34 (Ov. 6-34), titled “To Prevent Admission, Reinstatement, or Colloquization of a Divorced Man into the Office of the Public Ministry Who Has Married Another Woman.” Omnibus A referred Ov. 6-34 to the two seminary boards as well as to the Council of Presidents and to the Colloquy Committee for the Pastoral Ministry. Overture 6-34 asserts that a man who is to serve in the office of the ministry must be “above reproach” (1 Tim 3:2; Titus 1:6) and explains the phrase to mean the man is “to be the husband of no more than one wife.” The overture concludes that, “Divorce and remarriage disqualifies a man from the Office of the Public Ministry (1 Tim. 3:2; Titus 1:6)”. 1 The overture does not specifically refer to seminary admission policies. However, the seminary boards consider it to be pertinent because the seminaries are largely responsible for admission to seminary programs and for recommendation of their students to the Council of Presidents as qualified for admission to the office of public ministry in the LCMS. On behalf of the two Boards of Regents, Mr. Stern requested “such guidance as the CTCR may wish to provide on this topic.”2 I. Divorce and Pastors—the questions Two questions must be considered in order to provide guidance regarding the assertions of Overture 6:34. First, does divorce disqualify a man to serve in the office of public ministry? Second, does the remarriage of a divorced man make him unsuitable for the office of public ministry? 3 These two questions address matters that are foundational for Ov. 6-34. II. Divorce and Pastors—a brief theological overview a. Scripture on divorce Scripture and the Confessions provide explicit teaching about marriage and divorce. However, neither Scripture nor the Confessions explicitly address the divorce or remarriage of a pastor, although Scripture does implicitly address the matter. 1 See the third and fourth Whereas statements of Overture 6-34 in The Lutheran Church—Missouri Synod, 2023 Convention Workbook: Reports and Overtures (1333 S Kirkwood Road, St. Louis, Missouri), page 340. 2 See the letter from Mr. Stern in the Appendix. 3 We are considering in this statement of guidance only the matter of divorce and clergy—pastors —and not the men and women who serve in Synod’s auxiliary offices of public ministry. This should not be interpreted to mean that those who serve in auxiliary offices are exempt from the matters considered here. There is no ambiguity in the Bible about the goodness and value of marriage. As God creates humans to be male or female (Gen. 1:26-27) he also creates marriage (2:15-25). The marriage of man and woman is instituted by God for the well-being of both individual spouses and for humanity as a whole. Because it is not good for man to be alone (Gen. 2:18), the married couple is given a profound unity of unique “mutual companionship, help, and support.”4 And, by means of marital fruitfulness, God intends the multiplication of the entire human family (Gen. 1:18). After sin enters the world, a further blessing of marriage is understood: as it channels sexual desire for good it also restrains sinful lust (1 Cor. 7:2-5). Having thus united the husband and wife, God intends them to remain married as long as both are alive (Gen. 2:24; Matt. 19:6). Given such a foundation, divorce is flatly contrary to the good and gracious will of God. Malachi bluntly reminds us that the Lord says, “I hate divorce” (Mal. 2:16). In Matthew 19:1-9 Jesus forbids the believer from divorcing his or her spouse, except for the case of one whose spouse is guilty of sexual immorality (ἐπὶ πορνείᾳ) or the case of one who suffers the de facto divorce of desertion by one’s spouse (1 Cor 7:15; cp. Matt 5:31-32; Mark 10:2-12; Luke 16:18.) Divorce is an awful reality in a sinful world. God anticipates this and, as much as possible, ameliorates the effects of divorce. The law given through Moses stipulates divorce procedures that somewhat minimize its devastation (see Lev. 22:13; Deut. 22:13-21; 23:28-29; 24:1-4). But when regulation of divorce is thought to be approval of it, Jesus explains that such stipulations are never more than evidence of recalcitrant sinful hearts (Matt. 19:8; cp. Mal. 2:14b-16). Scripture’s teachings on marriage and divorce hold for every Christian, but are of particular significance for those entrusted with the high office of public ministry. The pastor’s life and conduct are always factors in how the church is viewed by the world. His public manner and behavior must therefore be blameless (ανεγέγκλητοϛ, cf. 1 Tim. 3:10; Titus 1:6a) and irreproachable (ανεπίλημπτον 1 Tim. 3:2a). Public sin inevitably invites blame and reproach. For such reasons the divorce of a pastor presents a twofold challenge. First, on the personal level, a genuine acknowledgment of any failures on his part together with a confession of sin and a sincere desire to amend his life is required. Second, as to the office that he holds, the real and potential damage to the proclamation of the Gospel of Christ must be recognized and diminished as much as possible (see 1 Tim. 5:19-20). b. The Confessions The Confessions speak of marriage largely in the context of objection to enforced celibacy for priests. Divorce in general is addressed only in passing and the divorce of clergy is not discussed. 4 “Holy Matrimony,” Lutheran Service Book (CPH: St. Louis, 2006), 275. The Augustana (AC) and its Apology (Ap) defend the marriage of priests.5 Citing Scripture (1 Cor. 7:2, 9b; Matt. 19:11; Gen. 1:28), the AC rejects compulsory clerical celibacy as an abuse that fostered widespread sexual scandal and immorality. The Confutation’s defense of celibacy led to a vigorous rejoinder. The confessors held firm to their view that Rome’s insistence on celibacy “conflicts with divine and natural law.”6 Rome’s insistence on the rigor of clerical celibacy is rejected since God himself “instituted marriage to help human frailty and to prevent sexual immorality. The old canons also state that sometimes severity and rigor must be alleviated and relaxed for the sake of human weakness and to prevent and avoid greater scandal.”7 Luther’s Smalcald Articles (SA) holds to the same view of priestly marriage as stated at Augsburg. He bluntly declares that “we are unwilling to consent to their miserable celibacy, nor will we tolerate it.” 8 Similarly, in the Treatise (Tr) Melanchthon mentions marriage, but only as an example of the unjust actions of bishops, specifically objecting to “the tradition that prohibits remarriage of an innocent party after divorce.”9 The catechisms provide a more general confessional understanding of marriage. Luther’s Small Catechism (SC), while not explicitly using the term “marriage,” summarizes godly marriage as a life of sexual purity and decency wherein “husband and wife love and honor each other.” 10 In the SC’s Table of Duties Luther quotes 1 Peter 3:7 and Col. 3:19 for husbands and Eph. 5:22 and 1 Peter 3:5-6 for wives.11 In Luther’s “A Marriage Booklet for Simple Pastors” (often appended to the SC in his day and to at least one printing of the 1580 Book of Concord), his introduction urges that the “godly estate of marriage” be honored and esteemed highly. He also speaks of the great need for prayer in light of “how much unhappiness the devil causes in the married estate through adultery, unfaithfulness, discord, and all kinds of misery.”12 The Large Catechism (LC) reveals both a similarly high view of marriage together with sober attention to its practical necessity for sinful people in its extended discussion of the commandment against adultery. One’s nearest neighbor is his or her spouse, who is “one flesh and blood with them.”13 Marriage is “the first of all institutions” wherein male and female differ 5 AC XXIII, Concerning the Marriage of Priests, pages 62-65, and Ap XXIII, 247—57, in Robert Kolb, Timothy J. Wengert, and Charles P. Arand, The Book of Concord: The Confessions of the Evangelical Lutheran Church (Minneapolis, MN: Fortress Press, 2000). Abbreviated as KW in further references. 6 Ap XXIII par 5, KW 62. 7 AC XXIII par 15-16, KW 66. The same rejection of compulsory celibacy is central in the argument against monastic vows of chastity and in favor of releasing individuals from such vows when they wish to marry. See AC XXVII, KW 80-91 and Ap XXVII, KW 277-89. 8 SA III [11:] Concerning the Marriage of Priests, KW 324. 9 Tr par 78, KW 342. 10 Luther’s Small Catechism (© 1986 CPH) in Luther’ s Catechism with Explanation (St. Louis: Concordia Publishing House, 2017), 14. 11 Ibid., 35. 12 KW 369. 13 LC I par 200, KW 413. for the sake of marital fidelity and fruitfulness.14 It has practical necessity as a provision against sexual sin, which is rightly addressed within marital love. “Wherever marital chastity is to be maintained, above all it is essential that husband and wife live together in love and harmony, cherishing each other wholeheartedly and with perfect fidelity.15 c. Synodical consideration of the question i. Commission on Theology and Church Relations (CTCR) The CTCR has twice addressed the matter of clergy divorce and remarriage. In a consideration of the grave seriousness of all divorce, Human Sexuality: A Theological Perspective (1981) adds: The divorce of Christian pastors must be taken with utmost seriousness. It is difficult to see how the church can maintain the integrity of its witness—especially in an age where divorce is prevalent—if it permits pastors who have divorced their wives for less than Biblical reasons to continue in the office of the public ministry. Generally a pastor who has been divorced, except in cases of unchastity or desertion on the part of his wife, ought not to remain in office nor be reinstated in the office of pastor. However, it is possible that under very exceptional circumstances a former pastor may by the grace of God come to the point of being in a position to be reconsidered as a person qualified to be entrusted once more with the powers of the pastoral office. 16 In Divorce and Remarriage: An Exegetical Study (1987), the CTCR included an excursus on clergy divorce.17 The Commission shows that the pastor is called to “a pattern of life that is exemplary of the Gospel at work, and worthy of emulation.” Moral failure by a pastor presents an obstacle and offense that may turn others from the truth of the Gospel (citing 2 Cor. 6:3). 18 This does not deny that pastors remain sinful men ever in need of forgiveness, but it requires recognition that the public behavior of a pastor is of great importance because of the risk to “the credibility of his office and his message.”19 For this reason, “[f]idelity to one's spouse in marriage is of particular importance in the life and conduct of the Christian pastor.”20 The Commission then explains the phrase, “the husband of one wife” (1 Tim. 3:2; Titus 1:6). “St. Paul is here establishing the general principle that any transgression of God's will for marriage as a monogamous union is ruled out, whether it should take the form of concubinage or polygamy or marital unfaithfulness, including the “virtual polygamy of illicit divorce.’” 21 Divorce and Remarriage also reaffirms the previous quotation from 1981, but emphasizes that only “under 14 LC I par 207, KW 414. 15 LC I par 221, KW415-16. 16 CTCR, Human Sexuality (LCMS 1981), 27-28, emphasis in the original. Available online at www.lcms.org/ctcr. 17 CTCR, Divorce and Remarriage: An Exegetical Study (LCMS 1987), 42-45. Available online at www.lcms.org/ctcr. 18 Ibid., 42. 19 Ibid., 43. 20 Ibid. 21 Ibid.